ANAND BALLABH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have been convicted under Sections 225B and 353, Penal Code, and sentenced to undergo rigorous imprisonment for six months each under Section 225B; no separate sentence has been passed under Section 353.

(2.) The petitioner Anand Ballabh was a certificate-debtor in a certificate case. On 15-8-1951,. the Nazir of Patna Collectorate, Chandra Sekhar Missir (P. W. 1), accompanied by two peons, Mo-hammad Maqbool (P. W. 2) and Keshwar Prasad (P. W. 4), went to him with a writ of attachment and also a warrant of arrest in connection, with the said certificate case. According to the prosecution, these persons reached the house of the petitioner Anand Ballabh at Belwarganj, near the Patna City Court, at 6.30 A. M., and showed, and explained to him the processes which were also read by him. On his refusal to pay the amount mentioned in the warrant the Nazir asked the peons to arrest Anand Ballabh, and he was arrested. Anand Ballabh is then said to have sent for the other petitioner Yadvendra Ballabh, who is also known as Lakhi Babu. Lakhi Babu immediately arrived at the spot, and, as asked by Anand Ballabh, he assaulted the Nszir and the two peons. P. W. 4 Keshwar Prasad was given a lathi blow, the badge of the other peon was snatched away, and the Nazir was pushed down. Anand Eailabh is said to have thus rescued himself from the custody of the peons, and he fled inside his house. "The matter was reported to P. W. 3 Mr. J. P. Singh, Nazarat Deputy Collector, and, on his report the District Magistrate directed filing of a complaint.

(3.) The defence of the petitioners was that the whole prosecution case was a concoction, and that the petitioners had been falsely implicated. According to the defence, there was no occurrence of any kind. The validity of the processes was also challenged.