Baliram Ravidas And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28407 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ======================================================
1. Baliram Ravidas son of Late Premi Ravidas
2. Ashok Ravidas son of Miti Ravidas
3. Jitendra Ravidas son of Chhote Ravidas All Residents of village-Rasisa, Police Station-Aungari (Pir Bigha O.P.), District-Nalanda .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Chaudhary, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-07-2016 Heard Sri Rajesh Kumar Chaudhary, learned counsel for the petitioners and Sri Sanjay Kumar Singh, learned Addl. Public Prosecutor.
Three petitioners, who are named as accused in Aungari ( Pir Bigha O.P.) P.S. Case no. 26 of 2016 registered for the offence under Sections 147,148, 149, 341, 323, 324, 325, 332, 333, 353, 307, 427, 337 of the Indian Penal Code, have prayed for grant of anticipatory bail, mainly on the ground that other three accused persons almost on similar accusation have already been extended the privilege of anticipatory bail by a Bench of this Court by order dated 04.07.2016 passed in Cr.Misc.No.26255 of 2016. He submits that since other accused persons have been granted
Patna High Court Cr.Misc. No.28407 of 2016 (2) dt.27-07-2016 2/3 anticipatory bail, petitioners may also be entitled to the same relief.
Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.
In the present case, there is allegation against 22 F.I.R. named accused, which includes the petitioners. It has been alleged that after an accident, the truck driver was apprehended by named accused and number of unknown accused persons and he was being brutally assaulted. When the police tried to take the said driver in custody, the police party was also assaulted by the accused and they were not allowing to remove the dead body of the person, who died in the accident. In the F.I.R., it is also alleged that accused persons snatched revolver from the police with a view to kill the truck driver. It has been noticed that in the State of Bihar, normally it has become common phenomena that unnecessarily innocent persons are being harassed by such type of accused persons, even the police party are being assaulted.
The Court is of the opinion that by way of extending the privilege of anticipatory bail in such offences, this Court may not encourage such offenders.
Patna High Court Cr.Misc. No.28407 of 2016 (2) dt.27-07-2016 3/3 such relief may not be granted. Accordingly, I do not find any ground to extend the privilege of anticipatory bail. The petition stands dismissed.
(Rakesh Kumar, J) NKS/- U