Kalika Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.44187 of 2016 (2) dt.21-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44187 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -RAJPUR District- BUXAR ====================================================== Kalika Yadav, Son of Ramayan Singh, Resident of Village - Kanak Narayanpur, P.,S. - Buxar (M), District - Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajpur P.S. Case No. 92 of 2016 registered under Sections 147, 148, 323, 384, 385, 307, 379 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that when the informant after wining the Panchayat election of Mukhiya along with his supporters reached in the turning near Jadpurwa village then 10 persons named in the F.I.R. including the petitioner armed with lathi, danda and country made pistol stopped his Dustar Car and made demand of ransom Rs.10,00,000/-, otherwise face dire consequences. In the meantime, this petitioner pulled out the

Patna High Court Cr.Misc. No.44187 of 2016 (2) dt.21-10-2016 informant from his vehicle and assaulted him whereas other accused persons opened fire and co-accused Ajit snatched the gold chain from his neck.

Learned counsel for the petitioner submits that petitioner was the candidate of Mukhiya of neighbouring Panchayat and at the time of occurrence he was present at the counting centre. In fact, some petitioner's supporters are belonging to the village of informant and did not support in the Panchayat election to informant due to that reason petitioner has falsely been implicated in this case. It is further submitted that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-VII, Buxar, in connection with Rajpur P.S. Case No. 92 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T