Dilip Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28083 of 2020 Arising Out of PS. Case No.-458 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Dilip Bharti (Male), aged about-35 years, son of Late Dinesh Bharti @ Dhanesh Bharti, resident of Mohalla- Pita Maheshwar, Police Station- Civil Lines, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the State :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021 Heard Mr. Manish Kumar No.2, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with Civil Lines PS Case No.458 of 2019 dated 09.10.2019, instituted under Sections 147/ 148/ 149/ 323/ 341/ 504/ 506/ 353/ 379/ 307/ 332/ 333 of the Indian Penal Code.

3. The allegation against the petitioner and four named and 10-15 unknown persons is of attacking the police by lathi, danda and stick. Further, specifically against the petitioner is of snatching the purse of a policeman in which there was cash Rs.3200/- and important documents.

Patna High Court CR. MISC. No.28083 of 2020 dt.29-01-2021 2/3

4. Learned counsel for the petitioner submitted that the name taken by the police of five persons itself raises doubt about the veracity of the allegation as in a mob, identification is difficult. It was further submitted that the petitioner has no criminal antecedent and the general and omnibus allegation is of attacking the police party. Learned counsel submitted that coaccused, Rajesh Ram, has been granted anticipatory bail on 20.01.2021 in Cr. Misc. No.31527 of 2020.

5. Learned APP submitted that the police was attacked and the identification of the petitioner has been made as he was resident under the same police station. It was submitted that the allegation against, Rajesh Ram, who has been granted anticipatory bail, is general and omnibus, but with regard to the petitioner it is specific of snatching Rs.3200/- and important documents from the police personnel. It was further submitted that injuries have also been found on a constable. Learned counsel submitted that the petitioner and others attacking a police party is a brazen show of confrontation with the administration which sends wrong signal to the masses at large.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the

Patna High Court CR. MISC. No.28083 of 2020 dt.29-01-2021 3/3 Court is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T