Patna High Court - Orders
Balindra Chaudhary vs The State Of Bihar on 16 July, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43751 of 2025
Arising Out of PS. Case No.-290 Year-2023 Thana- COMPLAINT CASE - BENIPATTI
District- Madhubani
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Balindra Chaudhary
... ... Petitioner/s
Versus
The State of Bihar & Anr.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shishir Shwetank Sudarshan, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-07-2025Heard learned counsel for the petitioner and learned APP for the State.
2. Issue notice to Opposite Party No.2 under both process (Talwana with Goshwara and Speed Post with A/D) for his appearance either in person or through an Advocate to defend his case, for which requisites etc. must be filed within two weeks, failing which this application shall stand rejected without further reference to a Bench. Rule is made returnable within six weeks thereafter.
3. Learned counsel for the petitioner submits that the action of accused person is protected being the Sarpanch and Upsarpanch under Section 170 of Bihar Panchayati Raj Act, 2006 and are thereby treated as public servants. As such, he submits that interim protection may be granted. Counsel further submits that there is no specific allegation against the present petitioner indicating any wrongful act committed by him, and for this reason, statutory protection is available to the accused Patna High Court CR. MISC. No.43751 of 2025(2) dt.16-07-2025 2/2 persons holding different posts under the Panchayati Raj.
4. It is pertinent to refer to Section 170 of the Bihar Panchayati Raj Act, 2006, which states as follows:-
170. Public Servant. All members, Up-Mukhiya, Mukhiya of the Gram Panchayat, all members, Up Pramukh and Pramukh of the Panchayat Samiti, all members, Upadhyaksha and Adhyaksha of the Zila Parishad and all Panches, Upsarpanch and Sarpanch of the Gram Kutchahary and all officers and employee of the aforesaid institutions shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Act, 45 of 1860), when acting or purporting to act in pursuance of the discharge of their duties, or in the exercise of their powers under this Act or under the rules or bye-laws made thereunder.
5. Put up this case on 15.09.2025, till then let no coercive steps shall be taken against the petitioner in connection with Complaint Case No. 290 of 2023, pending before the Court of A.C.J.M., 1st, Benipatt, Bihar.
(Dr. Anshuman, J.) Aman Kumar/-
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