Patna High CourtCR. MISC./7078/2022bail rejected

Sharif Yadav v. The State Of Bihar

2022-08-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7078 of 2022 Arising Out of PS. Case No.-661 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== SHARIF YADAV S/o Ramjee Yadav R/o village- Darbar, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 323, 341, 342, 307, 354(B), 225, 353, 379, 504, 506 of the Indian Penal Code.

As per the F.I.R., while the informant alongwith other police party raided the shop of petitioner and enquired about illicit liquor, he started shouting on police party, and thereafter, police arrested him and recovered two cartoons of Beer from the shop of the petitioner. In the meantime, other F.I.R. named accused persons came there and attacked the police party and thereby, caused obstruction in discharge of their official work. The accused persons also got released the petitioner from the custody of police.

Patna High Court CR. MISC. No.7078 of 2022(2) dt.01-08-2022 2/2 It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. The allegation of assault is general and omnibus. Petitioner has clean antecedent. However, learned A.P.P. for the State opposed the bail petition and submitted that the entire occurrence took place only to get release of this petitioner from the custody of police and this petitioner alongwith others attacked the police party including the female constable.

Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Singh, J) anay/- U T