Om Prakash Bind @ Om Prakash And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 54068 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- Bhabhua District- Bhabhua (Kaimur) ======================================================

1. Om Prakash Bind @ Om Prakash, son of Rajendra Bind.

2. Bhulendra Bind son of Bullu Bind.

3. Lushi Bind son of Bullu Bind.

All resident of Village- Goraipur, P.S. Bhabua, District- Kaimur at Bhabua.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

11-09-2018 Heard Sri Pawan Kumar Singh, learned counsel for the petitioners. None appeared on behalf of State. Three petitioners, apprehending their arrest in Bhabua P.S. Case No. 181 of 2018 registered for offence under Sections 147, 148, 149, 341, 323, 307, 353, 333, 504, 506, 337 of the Indian Penal Code, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners submits that dispute in between villagers of two village was going on. The villagers of Hariharpur were aggressor, however; the police, instead of entertaining the F.I.R. of villagers of Goraipur, which was the village of the petitioners, entertained the F.I.R. of

Patna High Court Cr.Misc. No.54068 of 2018(2) dt.11-09-2018 2/2 Hariharpur and thereafter, the situation was aggravated and police party was opposed. It has also been argued by learned counsel for the petitioners that some of the accused persons have also been extended the privilege of anticipatory bail. On perusal of the F.I.R., it is evident that while the villagers of Goraipur, which is the village of the petitioners, were assaulting Up-Sarpanch and some other villagers of Hariharpur, on information police arrived, thereafter, police party was assaulted by the villagers of Goraipur. Petitioners' name has come with the name of their father. Besides 27 F.I.R. named accused persons, F.I.R. was lodged against 120-130 unknown accused persons also.

On perusal of F.I.R., I am of the opinion that in such case, the Court may not take lenient view, otherwise, it will amount to encourage such type of unlawful activity repeatedly. I am of the opinion that such act must be deprecated by us. I do not find any ground for passing any positive order. The anticipatory bail petition stands dismissed. (Rakesh Kumar, J.) anay U T