Suresh Bind And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68849 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- SIGAUDI District- Patna ======================================================

1. Suresh Bind, S/o Late Lothu Bind, Resident of Village- Beriadih, P.S.- Sigori, District- Patna.

2. Dr. Krishna Prasad Yadav, S/o Late Tunna Prasad Singh, Resident of VillageMangal Bigha, P.S.- Sigori, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sigori P.S. Case no. 48 of 2018, registered under Sections 147, 148, 149, 341, 323, 354, 379, 384, 406, 420, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that due to illegal election of ward secretary by petitioners as Mukhiya of the village complaint was made to B.D.O, then BDO came in the village. During the inquiry, several persons made complaint about illegal election at the post of ward secretary by Mukhiya Krishna Prasad Yadav and also complaint was made about

Patna High Court Cr.Misc. No.68849 of 2018(3) dt.05-02-2019 2/2 handed over of Rs. Fifteen thousand under the Indra Awas. It is also alleged that petitioner being the Mukhiya committed illegality in old age pension. Thereafter, petitioner become annoyed and started committing Marpit along with his associates. At that time, petitioner also opened firing and laid the informant on the ground by catching her hair. Learned counsel for the petitioners submits that, in fact, informant Lakhapatia Devi has grudge about the election due to non-succeeded in panchayat election and has lodged the present case with false allegation against the petitioners and other. Further submission is that not a single injury was found on the person of informant as detailed in the case diary, which is up to paragraph No. 22. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the provisional bail granted to the petitioners vide order dated 07.01.2019 is, hereby, confirmed.

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