Md. Aakib @ Md. Aquib Khan @ Mohammad Aquib Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3721 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- Cyber P.S. District- Nalanda ====================================================== Md. Aakib @ Md. Aquib Khan @ Mohammad Aquib Khan Son of Mohammad Jamil Khan @ Md. Jamil Resident of Village - WArd No. 25, Bhainsasoor, P.S. - Laheri, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rananjay Kumar For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-03-2025
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 Nalanda Cyber Police Station Case No. 86 of 2024, dated 01.09.2024, disclosing offences punishable under Sections 126(2)/127(2)/115(2)/132/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report, is that the police, on information that the cyber accused of Nalanda Cyber Police Station Case No. 78 of 2024 have gathered in Bhaisasur mohalla for distribution of money, reached at the place of occurrence and on seeing the police, three persons started fleeing away, but they were
Patna High Court CR. MISC. No.3721 of 2025(2) dt.06-03-2025 2/3 apprehended by the police and when they were proceeding towards the Police Station, 10-15 persons, known to the accused persons, came there and surrounded them and started abusing and assaulting the police force, upon which the police arrested one person of the mob.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused person. He further submits that the petitioner and co-accused are agnates and there is land dispute between them and out of animosity, he has named the petitioner as one of the member of the mob. No specific allegation is attributed to the petitioner; rather, the allegation is general and omnibus in nature.
5. I have heard learned counsel for the parties and perused the materials on record.
6. From perusal of the First Information Report, it is evident that the petitioner, along with other co-accused persons, verbally abused and indulged in scuffle with the police force and obstructed government servants from discharge of their official duty. The petitioner, along with others, created unruly scene when the police party arrived to
Patna High Court CR. MISC. No.3721 of 2025(2) dt.06-03-2025 3/3 discharge their official duty.
7. An attack on police team, while on official duty, undermines the safety and security of law enforcement agency. Incidents of mob violence against law enforcement agency have become the order of the day now in this State which can be very dangerous, often escalating tensions and compromising public safety.
8. Accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
9. This application is, accordingly, dismissed (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √