Ram Babu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12440 of 2018 Arising Out of PS.Case No. -111 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Ram Babu Yadav, S/o Uttim Lal Yadav, resident of village- Akaunha, P.S.- Deodha, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Jaynagar P.S. Case No.111 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 353,333, 337, 338, 427, 504 Indian Penal Code pending in the Court of the Sub-Divisional Judicial Magistrate, Madhubani.
It is alleged in the written report that the informant was on Patrolling Duty on 02.05.2017 at 7.30PM at Baldiha Chowk and he started checking of vehicles coming from Nepal. In the meantime, this petitioner along with Yogi Yadav, Ranjit Yadav, Vijay Rohita and 25-30 unknown persons arrived and started abusing the police party and told them that they are suffering loss on account of them in the wine shop situated in Nepal and thereafter they instigated other persons to assault and
Patna High Court Cr.Misc. No.12440 of 2018 (2) dt.08-03-2018 2/2 thereafter all the accused persons brought Lathi, Danda etc. from nearby shops and started assaulting the police party. It is alleged that they surrounded one of the members of the police party, namely, Jai Narain Mahto, and assaulted him with lathi, Danda causing serious injury in his head. It is alleged that they also attempted to assault other members of the police party by pelting bricks, stones etc. The informant any how tried to bring the injured to hospital in a car then the accused persons damaged the window and also attempted to snatch fire arms of the SAP Jawan. Injured Jai Narain Mahto was taken to Sadar Hospital from where he was referred to PMCH for better treatment. There is serious allegation against the petitioner of assaulting the police party and causing injuries. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail is rejected.
Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T