Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78723 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- SILAO District- Nalanda ====================================================== Sujeet Kumar S/o- Mukhlal Prasad @ Mithilesh Prasad Village- Banauliya PS-Bihar District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Silao Police Station Case No. 107 of 2024, dated 03.05.2024, disclosing offences under Sections 188/147/148/149/341/323/353/379 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 03.05.2024, during inspection, the police party, including the informant, saw that illegal sand was being mined and loaded on two tractors. On seeing the police party and mining team, the persons started fleeing away, however, driver of one tractor was apprehended and he disclosed his name as Raju Kumar and also disclosed the
Patna High Court CR. MISC. No.78723 of 2024(2) dt.27-11-2024 2/3 names of other accused persons, including the petitioner. Further, upon enquiry, he disclosed that the intercepted tractors, bearing registration nos. BR21-GA-6077 and BR21-GA-3529, belongs to the co-accused Mahendra Yadav, Sato @ Satyendra Yadav. After some time, 12 to 15 persons, armed with lathi, danda, etc., came at the place of occurrence, attacked on the police officials and mining team and fled away with the tractors.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case due to village politics. The allegation against the petitioner is general and omnibus in nature. He further submits that name of the petitioner has transpired on the basis of disclosure made by arrested co-accused person and the seized tractors do not belong to him.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner, along with other co-accused persons, assaulted the police officials and created unruly scene while they were discharging their duty. An attack on police while on official duty
Patna High Court CR. MISC. No.78723 of 2024(2) dt.27-11-2024 3/3 undermines the safety and security of law enforcement agency. Incidents of mob violence against law enforcement agency have become order of the day now in the State which can be very dangerous, often escalating tensions and compromising public safety, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application stands rejected.
(Anil Kumar Sinha, J) ashwani/- U T