Patna High CourtCR. MISC./22769/2017dismissed

Aditya Rai @ Aditya Kumar And ORS v. The State Of Bihar

2017-07-06Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22769 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -MANER District- PATNA ===========================================================

1. Aditya Rai @ Aditya Kumar S/o Chaitu Rai.

2. Bhim Kumar, S/o Rajgir Rai.

3. Raj Ballam Rai, S/o Late Jadu Rai, All Resident of Village- Khaspur, P.S. Maner, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Arpana Kumari, Advocate For the State :

Mr. Manish Kumar-2, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-07-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Maner P.S. Case No. 269 of 2016 dated 13.06.2016 instituted under Sections 147/148/149/353/324/337/338/307/504 of the Indian Penal Code.

3. The allegation against the petitioners and four others is of assault on the police party when they were trying to clear the blockage of National Highway (N.H.) 30 under Maner Police Station.

4. Learned counsel for the petitioners submitted that due to village politics, their name has been given and they are simply

Patna High Court Cr.Misc. No.22769 of 2017 dt.06-07-2017 2/2 labourers who were sitting on the road at the time of the incident and wrongly their name has been given.

5. Learned A.P.P. submitted that the petitioners are alleged to be part of the mob which had blocked the N.H. 30 and also assaulted the police party which went to clear the same and under the democratic set up, no citizen has any right to take the law in his hands and cause inconvenience and obstruction to the general public. It was submitted that by blocking the N.H., it is the general public and the persons who are traveling on the N.H. who are sufferers and victims without any fault on their part.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on anticipatory bail.

7. The application, accordingly, stands dismissed.

8. Interim order dated 05.06.2017 stands vacated. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T