LAWS(PAT)-2007-1-88

PRAHLAD YADAV Vs. STATE OF BIHAR

Decided On January 17, 2007
PRAHLAD YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD Sri Rana Pratap Singh, learned Senior Advocate for the petitioner and Sri Dasrath Mehta, learned Additional Public Prosecutor appearing for the State of Bihar.

(2.) THE petitioner apprehends his arrest in Chanan P.S. Case No. 23 of 2006 registered under sections 387, 307 and 120B of the Penal Code and sections 3.4(A) (B), 5 & 6 of the Explosive Substances Act.

(3.) LEARNED counsel for the petitioner submits that the petitioner is an Ex -M.L.A. since 1995 having leaniage with R.J.D. He further submitted he has been implicated in this case at the instance of the Superintendent of Police. The supervision was done on 11.1.2006 in which one Santosh Kumar has referred to an incident which had taken place later and as such this supervision note is ante dated and not worthy of credence. It is further submitted that he (the petitioner) does not hold any licence to take contract nor participate in tender. It is further submitted that the petitioner has also complained the matter in the Legislative Council that he is being falsely implicated in this case on account of political rivalry the police. He also submits that the case he been investigated by one T. N. Singh, the Sub -Inspector posted in the area. It appears from the case diary that the instant case was investigated by another investigating officer who recorded the statement of one Arjun Bind in paragraph -17 of the case diary and Pratap Kumar vide paragraph -24 of the case diary. Learned counsel draws my attention to annexures 5 and 5/1 which are the affidavits sworn by Arjun Bind and Pratap Kumar in which they have stated that they did not make any such statement before the police on 3.8.2006.