Anshu Kumar Yadav @ Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79438 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== 1.
Anshu Kumar Yadav @ Anshu Kumar S/O Laxmi Prasad Yadav Resident of village-Simiraha, Police Station- Khanpur, District- Samastipur. 2.
Raja Kumar Yadav @ Raja Kumar Son of Laxman Yadav Resident of village-Simiraha, Police Station- Khanpur, District- Samastipur. 3.
Sachin Kumar Yadav @ Sachin Kumar Son of Radha Prasad Yadav. Resident of village-Simiraha, Police Station- Khanpur, District- Samastipur. 4.
Nitish Kumar Yadav @ Nitish Kumar Son of Late Bindeshwari Yadav Resident of village-Simiraha, Police Station- Khanpur, District- Samastipur. 5.
Chhotu Kumar Yadav @ Chhotu Kumar Son of Laxaman Yadav. Resident of village-Simiraha, Police Station- Khanpur, District- Samastipur. 6.
Shubh Kumar Yadav @ Subh Kumar Son of Radha Prasad Yadav Resident of village-Simiraha, Police Station- Khanpur, District- Samastipur. 7.
Md. Salim Son of Bhola Miya Resident of village-Fatepur, Police StationKhanpur, District-Samastipur. 8.
Navin Kumar @ Modiya Son of Satya Narayan Yadav Resident of villagePhulbariya, Jhakhar Dharampur, P.S.-Rosera, District-Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-04-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 189(2), 126(2), 127(2), 115(2), 132, 352, 351(2), 121(1) of the B.N.S.
3. The First Information Report has been lodged by
Patna High Court CR. MISC. No.79438 of 2024(3) dt.21-04-2025 2/3 S.I. Md. Fahim, who is S.H.O. of Khanpur P.S., who has stated that upon secret information that some anti social elements are planning to get together at a place for a liquor party, the police party reached for the purpose of verification and the accused persons including the petitioners manhandled the patrolling party, snatched the keys of the vehicles and the patrolling party was held as hostage. The accused persons also assaulted the members of the police party.
4. From perusal of paragraphs 2, 3, 4, 5 and 6 of the case diary, it appears that the witnesses have also supported the allegations against the petitioners.
5. Learned counsel for the petitioners submits that the allegations made in the First Information Report are not correct and they have been falsely made accused at the behest of the police personnel.
6. Learned APP for the State has opposed the application for anticipatory bail to the petitioners on the ground that they have deterred the public servant from performing their official duty and have also resorted to assault upon them by confining them. Learned APP for the State has also pointed out that the petitioners have chequered history and all of them have criminal antecedents of several cases and the same would also
Patna High Court CR. MISC. No.79438 of 2024(3) dt.21-04-2025 3/3 be evident from para-3 of the petition filed by the petitioners.
7. In view of the nature of allegations and the criminal antecedent of the petitioners, this Court is not inclined to grant anticipatory bail to petitioner nos. 1 to 6 and 8 in connection with Khanpur P.S. Case No. 134 of 2024 and the petitioner no. 7, has already been arrested.
8. The application on behalf of the petitioner no. 1 to 6 and 8 is thus rejected.
(Soni Shrivastava, J) devendra/- U T