Md. Buddhan Nadaf @ Budhan Nadaf @ Md. Budhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5812 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Buddhan Nadaf @ Budhan Nadaf @ Md. Budhan S/O Late Sukal Nadaf R/o Vill.- Majra, Ward No.06, P.S - Sri Nagar, K. Nagar, District - Purnia ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan Prasad, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-04-2025 Heard Mr. Rabi Bhushan Prasad, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with K. Nagar P.S. Case No. 120 of 2024 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 307, 353, 224, 332 and 333 of the Indian Penal Code, lodged on 25.02.2024 by the informant, Deepak Kumar.
3. As per the prosecution story, the informant alleged that the Police had gone to raid the houses of the accused persons in connection with K. Nagar P.S. Case No. 119 of 2024 when it is alleged that all the accused including the petitioner assembled with deadly weapons and attacked the Police team.
Patna High Court CR. MISC. No.5812 of 2025(2) dt.18-04-2025 2/3 The allegation against this petitioner is of using axe on the constable Bittu Kumar injuring him, this led to the F.I.R.
4. Learned counsel for the petitioner submits that the name of the petitioner has cropped and the role has also been assigned.
5. Instead of surrendering and seeking bail, he moved before this Court in Cr. Misc. 60513 of 2024 for grant of anticipatory bail. It was taken up on 11.09.2024 where the petitioner wanted to withdraw the petition and to take necessary step for surrendering in the court. Instead of surrendering, the fresh anticipatory bail application.
6. Learned counsel for the petitioner tried to impress upon this Court that only two injures have come against the assault theory against number of persons, learned APP has pointed out that there is specific allegation against this petitioner of using axe to injure a constable Bittu Kumar.
7. It is surprising that the accused has assaulted the Police personnel, a role has been assigned to him, still he is roaming free and is filing anticipatory bail application one after another.
8. Accordingly, the anticipatory bail application stands rejected.
Patna High Court CR. MISC. No.5812 of 2025(2) dt.18-04-2025 3/3
9. The Superintendent of Police, Purnea is directed to submit a report through Mr. Jitendra Kumar Singh, learned APP on the aforesaid fact as to how a person against whom specific role has been assigned of assaulting the Police personnel is roaming free.
10. List this case under the heading 'To Be Mentioned' on 16.05.2025 when a report must come before this Court.
(Rajiv Roy, J) vinayak/- U T