Patna High CourtCR. MISC./30833/2020rejected

Varun Kumar v. The State Of Bihar

2020-12-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30833 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- JALALPUR District- Saran ====================================================== VARUN KUMAR Son of Satya Narayan Mahto Resident of Village - Rampur Noornagar, P.S.- Jalalpur, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2020 Heard both sides.

The petitioner apprehends his arrest in Jalalpur P.S. case No. 61/2020 registered under Section 147, 148, 149, 341, 323, 337, 353, 307, 504/188 of the IPC, u/s 30(a) of the Bihar Prohibition & Excise Act and u/s 3 (1) (r)(s) of SC/ST Act. The informant alleged that he got secret information that Raj Kumar Kushwaha was selling liquor from his egg shop. The informant went there and apprehended Raj Kumar Kushwaha. While the informant and other police officials were bringing Raj Kumar Kushwaha to police station the petitioner and others assaulted the police personnel and damaged the police vehicle.

The learned counsel for the petitioner submits that the allegation is quiet improbable. No villager can dare to assault on

Patna High Court CR. MISC. No.30833 of 2020(2) dt.17-12-2020 2/2 police and put any hindrance in official duty of police but it appears that there is specific allegation against the petitioner and others that they assaulted the police and tried to get free Raj Kumar Kushwaha from the custody of police.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court after taking into consideration the fact that other accused persons have already been granted bail by the court below and dispose of the bail petition, preferably, on the same day.

(Prabhat Kumar Jha, J) BKS/- U T