Chanchal Yadav @ Chanchal Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.24095 of 2017 (3) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24095 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -GURARU District- GAYA ====================================================== Chanchal Yadav @ Chanchal Kumar Yadav, Son of Sri Rajendra Yadav, Resident of Village- Raja Bigha, P.S. Anti, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Guraru P.S. Case No. 48 of 2016, registered under Sections 147, 148, 149, 323, 341, 435, 511, 386, 387, 120(B), 504 and 506 of the Indian Penal Code, Sections 13, 16, 18 and 20 of the U.P.P. Act, Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 17 of the C.L.A. Act, pending in the court of Judicial Magistrate Ist Class, Gaya.

The accusation is that on receiving secret information about gathering of the extremists to realizing levy from construction company engaged to construction of road at village Fafar, the informant being the Officer-in-charge of Gurua Police Station, after given information to the higher police officials, along with other police officials reached at the spot. At that time three persons boarded on motorcycle came at the construction side and stated to

Patna High Court Cr.Misc. No.24095 of 2017 (3) dt.25-08-2017 abuse the Munsi of the company saying that work will not be done if levy is not paid. In the meantime, one person tried to put fire at the Hiva vehicle of the company. Thereafter, all three persons were apprehended, who disclosed the names as Sanjay Yadav, Anil Yadav and Baijnath Yadav. They also disclosed the name of 16 persons including the petitioner saying that they are present along with Commandar Jairam Yadav at some distance and on instruction they had come here.

Learned counsel for the petitioner submits, in fact, petitioner is the Sarpanch of Chabura Panchayat under Anti police station and due to election rivalry of the Panchayat all three persons who were caught hold by the informant, disclosed the name of this petitioner. The address three caught hold accused is different to the petitioner as appears from the record.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

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