Ashok Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33455 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Ashok Kumar @ Bittu Son of Pramod Prasad Resident of Village - Preman Bigha, P.s.- Nagarnausa, Distt.- Nalanda. At Present Resident of Village - Jakariyapur, P.s.- Ramkrishna Nagar, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Sections 147, 307, 427 and other allied Sections of the Indian Penal Code.

As per prosecution case, this petitioner along with other FIR named accused persons pelted stones, damaged vehicles and assaulted the police party thereby causing injury on head of the informant and got freed one of the co-accused who was in police custody.

Learned counsel for the petitioner denies the prosecution story and submits that police in collusion with one Bhushan Shaurabh has instituted this false and concocted case against the petitioner. It is further submitted that on the date of

Patna High Court CR. MISC. No.33455 of 2022(2) dt.15-11-2022 2/2 occurrence i.e., 12.01.2022, informant of Nagarnausa P. S. Case No. 7 of 2022 came along with some police persons in plain dress and forcibly kidnapped the petitioner and his wife as a result of which villagers started raising slogans and surrounded the vehicle. On protest made by the local people this petitioner along with his wife was freed by the police.

Learned counsel for the State vehemently opposes the prayer for bail application submitting that as per the FIR this petitioner has taken law in his hand and caused disturbance in the discharge of official duty in which some of the police personnel also got injured.

Considering the nature of accusation and the fact that petitioner carries 2 criminal antecedent, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) navya/- U T