Krishna Mohan Das @ Krishn Mohan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20370 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Krishna Mohan Das @ Krishn Mohan Das son of Late Karu Das VillageIndarpur PS- Makhdumpur Distt-Jehanabad 2.
Jagadeo Das son of Krit Das Village- Indarpur PS- Makhdumpur DisttJehanabad 3.
Hareram Kumar son of Suryadeo Das Village- Indarpur PS- Makhdumpur Distt-Jehanabad 4.
Dipu Kumar son of Jagdeo Das Village- Indarpur PS- Makhdumpur DisttJehanabad 5.
Shyamdeo Das Son of Gangu Das Village- Indarpur PS- Makhdumpur DisttJehanabad 6.
Raju Das @ Rajkumar Das son of Balkeshwar Das Village- Indarpur PSMakhdumpur Distt-Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Vide order dated 02.07.2025, this application on behalf of petitioners No. 3 and 4 has already been withdrawn. This application now survives only with regard to petitioners No. 1,2,5 and 6.
2/4
3. The petitioners apprehend their arrest in connection with Makhdumpur P.S. Case No. 12/2025 registered for the offence under Section 109/115(2)/121(1)/121(2)/12(2)/126(2)/ 132/ 191(1)/191(2)/191(3) and 352 of the BNS.
4. In the light of the order passed by this Court in M.J.C. No. 1077 of 2023 and the letter dated 10.01.2025 issued by the Sub-divisional Officer, Jehanabad, the informant Police Officer along with the police personnel went to village Indarpur for removal of encroachment on public land upon which the petitioners and other accused persons had constructed dwelling houses.
5. It has been alleged that during the course when the encroachments were being removed, the petitioners named in the F.I.R. and three unknown persons armed with Lathi, Danda and iron-rod started abusing the police party and thereafter attacked the informant with Lathi, Danda and iron-rod and assaulted him due to which he sustained injuries. Some of the accused persons also pelted stones upon the encroachment removal team.
6. Mr. Paras Nath, learned counsel for the petitioners submits that the allegations against the petitioners are general and omnibus in nature. He further submits that the petitioners
3/4 are old persons and they along with 50 others were living on Gairmajaura land after constructing their houses since long. He next submits that without notice or any information, the musclemen of the village with the help of the police started demolishing their houses due to which altercation took place in which both the sides sustained injuries. There is no specific allegation against these petitioners.
7. Learned A.P.P. for the State has opposed the bail petition. He submits that the petitioners are named in the F.I.R.
8. I have heard learned counsel for the parties and perused the materials available on record.
9. The police party pursuant to the order of this Court passed in M.J.C. No. 1077 of 2023 went for removal of encroachment on public land. The police party was attacked by the accused persons including the petitioners.
10. Considering the fact that these petitioners and other accused persons created unruly scene and attacked police while on official duty which undermines the safety and security of law enforcement agency. Incidents of mob violence against law enforcement agency have become order of the day now in the State of Bihar which can be very dangerous, often escalating tensions and compromising public safety, accordingly, I am not
4/4 inclined to grant the petitioners privilege of anticipatory bail.
11. This application is dismissed.
(Anil Kumar Sinha, J) Saif/- U T