Durga Yadav @ Durg Kumar vs The State Of Bihar
2021 Latest Caselaw 1922 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33953 of 2020
  Arising Out of PS. Case No.-208 Year-2019 Thana- MADANPUR District- Aurangabad
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Durga Yadav @ Durg Kumar, (Male), aged about 20 years, Son of Subedar Yadav Resident of Village-Bishrampur, Police Station-Deo, District- Aurangabad.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s   :       Mr. Najeeb Ahmad, Advocate
For the State          :       Ms. Nirmala Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Najeeb Ahmad, learned counsel for the

petitioner and Ms. Nirmala Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Madanpur PS Case No. 208 of 2019 dated 19.09.2019, instituted

under Sections 386/387/379 of the Indian Penal Code and 17 of

the Criminal Law Amendment Act, 1932.

4. The allegation against the petitioner is that he was

one of the persons who was returning after giving supply and

extortion money to the naxalites and getting articles from them

and on seeing the police had run away whereas two persons out

of six were caught who have named him.

Patna High Court CR. MISC. No.33953 of 2020 dt.09-04-2021

5. Learned counsel for the petitioner submitted that

besides not being caught, there is nothing to connect him to the

allegation that he was also one of the persons who had gone to

give the extortion money and articles to the naxalites. It was

submitted that the petitioner is a driver in a company Contractor

and Engineers and has no concern or nexus either with the

activity or the ideology of naxalism. Learned counsel submitted

that except for the name disclosed by the arrested persons, the

petitioner has been implicated without there being any other

material to connect him to any criminal activity. It was

submitted that the petitioner has no criminal antecedent.

6. Learned APP submitted that the persons who were

arrested have taken the name of the petitioner as being one of

the persons who had fled away. Learned counsel submitted that

there is no reason why the arrested persons would falsely

implicate the petitioner as also the fact that they knowing the

correct details of the petitioner also indicates that what they had

disclosed was correct as the name of any fictitious person was

not taken. Learned counsel submitted that such activity being

common in the area, coupled with the fact that the arrested

persons have specifically taken the name of the petitioner

clearly indicates that the petitioner was involved in such activity Patna High Court CR. MISC. No.33953 of 2020 dt.09-04-2021

and was connected to the extremist organization. It was further

submitted that no witness comes forward to depose against such

elements as it would create life threatening situation for such

witness and, thus, taking the name of the petitioner by the

arrested persons cannot be said to be with any ulterior motive,

much less, incorrect.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T