Rakesh Kumar @ Bhola @ Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2778 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Rakesh Kumar @ Bhola @ Bhola S/o Late Deo Nandan Prasad @ Deonandan Yadav R/o Village- Kaiya Tola, Maiyara, P.S.- Muffasil, Distt.- Gaya ... ... 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.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Wazirganj Police Station Case No. 315 of 2024, dated 23.05.2024, disclosing offences punishable under Sections 147/148/149/341/323/307/333/379/186/353/379/ 411/420/216 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 23.05.2024, the police received an information that illegal sand was being transported on 2-3 tractors and were coming toward Bhindas More. Upon this information, the police proceeded towards the place of occurrence, and stopped the tractors and demanded the challans and other document, but the drivers did not
Patna High Court CR. MISC. No.2778 of 2025(2) dt.19-02-2025 2/3 produce any document. Thereafter, the police seized the tractors on which 100 CFT of sand was loaded and proceeded towards the police station. When the police party reached near Khankhhoh More, nine persons came on three motorcycles and intercepted the police vehicle and started attacking them by stone due to which one police got injured. In the meanwhile, the drivers of the said tractors started fleeing away along with tractors, however, the police, upon chase, apprehended one of the drivers, who disclosed his name as co-accused Karan Manjhi and also disclosed the name of the petitioner, along with other accused persons.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in the present case on the basis of disclosure of his name by the arrested coaccused persons. The allegation against the petitioner is general and omnibus in nature. He further submits that the prosecution has not been able to bring on record the injury report of the police personnel who received injury during the alleged scuffle between the accused persons and the police.
Patna High Court CR. MISC. No.2778 of 2025(2) dt.19-02-2025 3/3
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the accused persons attacked on police while on official duty and the same undermines the safety and security of law enforcement agency, incident of mob violence against law enforcement agency has become order of the day now in the State which can be very dangerous, often escalating tensions and compromising public safety, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, dismissed (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √