Bittu @ Abdullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76876 of 2024 Arising Out of PS. Case No.-544 Year-2016 Thana- BETTIAH CITY District- West Champaran ====================================================== Bittu @ Abdullah Khan Son of Ravi Mian R/O Mohalla- Najini Chowk, P.S.- Bettiah (Town), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bettiah Town (Kalibagh O.P.) PS case no. 544 of 2016, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code. 3.

The prosecution story, as per the First Information Report, is that on 13.10.2016 at about 13.00 hours, informant got information that two groups of miscreants were involved in scuffle near Miskour Toli, Kalibagh. When the informant along with police party reached at the place of occurrence, they saw that the boys of Miskour Toli and Najni Chowk were pelting stones upon each other. Thereafter, police party tried to control

Patna High Court CR. MISC. No.76876 of 2024(2) dt.19-11-2024 2/3 the situation but they were also attacked upon by the miscreants. 4.

Learned Counsel for the petitioner submits that he has falsely been implicated in this case on the basis of suspicion only. Learned counsel further submits that no specific allegation is attributed to the petitioner rather the allegation is general and omnibus against 20 named and 70-80 unknown persons. The allegation of assault upon the Police is totally false inasmuch as no one sustained any injury in the alleged incident nor anyone was examined by the doctor.

5.

I have heard learned counsel for the parties and perused the materials on record.

6.

From perusal of the F.I.R. it is evident that the petitioner is named in it with allegation that he along with the co-accused persons assaulted the patrolling party by pelting stones and obstructed the Government servants in discharging their official duty. The learned Sessions Judge, Jehanabad while refusing the prayer for anticipatory bail has recorded that earlier anticipatory bail petition of the petitioner has been rejected vide order dated 21.09.2020. The petitioner along with the co-accused persons created unruly scene when the police party arrived to discharge their official duty. An attack on police team while on official duty undermines the safety and security of law

Patna High Court CR. MISC. No.76876 of 2024(2) dt.19-11-2024 3/3 enforcement agency. Incidents of mob violence against law enforcement agency have become order of the day now in this State which can be very dangerous, often escalating tensions and compromising public safety.

7.

Accordingly, I am not inclined to grant the petitioner the privilege of anticipatory bail. 8.

The prayer for grant of anticipatory bail to the petitioner is, accordingly, rejected.

(Anil Kumar Sinha, J) rinkee/- U T