← Library
Patna High CourtCR. MISC./13385/2016rejected

Shambhu Yadav v. The State Of Bihar

2016-06-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13385 of 2016 Arising Out of PS.Case No. -236 Year- 2015 Thana -LAUKHI District- MADHUBANI ====================================================== Shambhu Yadav, Son of Dhodhai Yadav, Resident of Village - Atari, P.S. - Laukahi, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Mrityunjaya Kr. Gautam, Advocate. For the Opposite Party/s : Mr. Amit Kr. Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 467, 468, 471, 472 and 473 of the Indian Penal Code.

The petitioner is alleged to have assaulted the informant, a Station House Officer of Ladania Police Station, when the informant went to conduct raid after receiving information about the illegal activities of the petitioner and others. The petitioner assaulted the informant with iron rod on his head and also snatched the bags, which were recovered from the possession of the petitioner and others accused persons containing contraband fake currency notes, chemicals and other apparatus meant for manufacturing fake currency notes. It is submitted that all the allegations are false and concocted. The petitioner has

Patna High Court Cr.Misc. No.13385 of 2016 (4) dt.24-06-2016 2/2 falsely been implicated in the case.

Having regard to the nature of allegations made against the petitioner that he assaulted a police officer discharging his duties, I am not inclined to enlarge the petitioner on anticipatory bail in Laukahi P.S.

Case No.

236/2015, corresponding to G.R. No. 2084/2015. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merits without being prejudiced by this order and taking into consideration that other accused persons have already been enlarged on regular bail.

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