Patna High CourtCR. MISC./57397/2019rejected

Bablu Singh @ Jay Prakash Singh v. The State Of Bihar

2019-09-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57397 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- GORIAKOTHI District- Siwan ====================================================== BABLU SINGH @ JAY PRAKASH SINGH S/o Raghunath Singh R/o village- Bindwal, P.S.- Goreyakothi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Prasad For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2019 Heard both sides.

The petitioner apprehends his arrest in Goreyakothi P.S. case No. 118 of 2019 registered under Section 353/34 of the IPC and u/s 30(a)/ 45 of the Bihar Prohibition & Excise Act. The gist of the allegation is that on secret information police raided a place situated near a Gumti. One person was found standing near the Gumti and he was having a bottle of wine in his possession. The person was apprehended who disclosed his name as Bablu Singh @ Jay Prakash Singh, the petitioner. In the meantime, one Sushil Singh and 15-20 unknown persons came there and began to abuse and assault the police officials in order to get the petitioner freed from the custody of police. Consequently, the petitioner fled away. Mr. Jagdish Prasad, the learned counsel for the

Patna High Court CR. MISC. No.57397 of 2019(2) dt.17-09-2019 2/2 petitioner, submits that petitioner has been falsely implicated in the case. Nothing has been recovered from the possession of the petitioner but from the facts stated in the FIR itself, it appears that petitioner was taken into custody with a bottle of liquor and after the petitioner being arrested Sushil Singh and others raised slogan and assaulted the police officials. The police officials became defensive and in the meantime the petitioner managed to flee away.

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

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