Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20940 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -DURAULI District- SIWAN ====================================================== Anil Yadav Son of Shyamdeo Yadav the then Mukhiya, Gram Panchayat Belawan, Resident of Village- Piparahiyan, Police Station- Darauli, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Darauli P.S. Case No. 22 of 2017 instituted under Sections 147, 148, 149, 323, 332, 333, 341, 342, 307, 353, 427 and 120B of the Indian Penal Code.

Allegation in brief is that the informant along with other police personnels reached at the place of occurrence after receiving information that quarrel has taken place between two sides. The informant apprehended some accused persons of the case then the petitioner, Ex-Mukhia instigated the villagers to not allow the police to go away with the accused persons and asked them to assault. Thereafter, they damaged the police jeep and also

Patna High Court Cr.Misc. No.20940 of 2017 (3) dt.13-06-2017 2/2 started assaulting the apprehended accused persons. In the meanwhile, the informant made a call the Officer-in-charge of the Police Station to come quickly and thereafter reinforcement of police was sent thereafter situation was taken under control. Learned counsel for the petitioner submits that petitioner, being an ex-Mukhia, gave a petition to the informant to apprehend the persons, who had come at the spot from other village, so he has been falsely implicated in this case. Having considered the specific allegation against the petitioner of assaulting the police personnels, consequently causing injury to police personnels, damaging police jeep to get free the apprehended accused persons for taking revenge and taking law into their hand, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, prayer for anticipatory bail of the petitioner is rejected. However, if the petitioner surrenders and seeks regular bail, the same shall be disposed of on merit without being prejudiced by this order.

(Arun Kumar, J) Sujit/- U