Inderdeo Yadav @ Indradeo Prasad Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56078 of 2017 Arising Out of PS.Case No. -41 Year- 2013 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================

1. Inderdeo Yadav @ Indradeo Prasad Yadav, Son of Shivnandan Yadav,

2. Chandeshwar Yadav, Son of Late Ramji Yadav,

3. Krishnandan Bind, Son of Late Raghunandan Bind,

4. Deonandan Bind, Son of Late Sahdeo Bind, All resident of Village- Tulsi Bigha, P.S.- Nalanda, Distt- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. South Bihar Power Grid Corporation Pvt. Ltd., Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate. For South Bihar Power Distribution Corporation Ltd.: Mr. Padma Deo Narayan, Advocate. For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Nalanda P.S. Case No. 41 of 2013 instituted for the offence under Sections 147, 323, 325, 307, 353 and 379 of the Indian Penal Code. There is allegation against the petitioner in the written report that when the informant along with Police personnel raided the village of the petitioner for electricity theft, this petitioner along with 20-30 unknown miscreants attacked on the raiding party and they started assaulting them by means of lathi-sticks, on

Patna High Court Cr.Misc. No.56078 of 2017 (5) dt.31-01-2018 2/2 account of which, Ajit kumar, Junior Electrical Engineer and Vivekanand have sustained injury. It is also alleged that this petitioner along with 20-30 unknown miscreants assaulted the informant and other members of raiding party and they restrained in discharging of official duty.

Learned counsel for the petitioner has submitted that petitioner was given benefit of Section 41(1) Cr. P.C. by the police during investigation.

Learned A.P.P. has submitted that charge sheet has already been submitted in this case against the petitioner on 30.08.2013. The petitioner has not appeared in the court below for last four years.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T