Dilip Bharti vs The State Of Bihar
2021 Latest Caselaw 478 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.28083 of 2020
        Arising Out of PS. Case No.-458 Year-2019 Thana- CIVIL LINE District- Gaya
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Dilip Bharti (Male), aged about-35 years, son of Late Dinesh Bharti @ Dhanesh Bharti, resident of Mohalla- Pita Maheshwar, Police Station- Civil Lines, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No.2, Advocate For the State : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021

Heard Mr. Manish Kumar No.2, learned counsel for

the petitioner and Dr. Kumar Uday Pratap, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Civil Lines PS Case No.458 of 2019 dated 09.10.2019,

instituted under Sections 147/ 148/ 149/ 323/ 341/ 504/ 506/

353/ 379/ 307/ 332/ 333 of the Indian Penal Code.

3. The allegation against the petitioner and four

named and 10-15 unknown persons is of attacking the police by

lathi, danda and stick. Further, specifically against the petitioner

is of snatching the purse of a policeman in which there was cash

Rs.3200/- and important documents.

Patna High Court CR. MISC. No.28083 of 2020 dt.29-01-2021

4. Learned counsel for the petitioner submitted that

the name taken by the police of five persons itself raises doubt

about the veracity of the allegation as in a mob, identification is

difficult. It was further submitted that the petitioner has no

criminal antecedent and the general and omnibus allegation is of

attacking the police party. Learned counsel submitted that co-

accused, Rajesh Ram, has been granted anticipatory bail on

20.01.2021 in Cr. Misc. No.31527 of 2020.

5. Learned APP submitted that the police was

attacked and the identification of the petitioner has been made

as he was resident under the same police station. It was

submitted that the allegation against, Rajesh Ram, who has been

granted anticipatory bail, is general and omnibus, but with

regard to the petitioner it is specific of snatching Rs.3200/- and

important documents from the police personnel. It was further

submitted that injuries have also been found on a constable.

Learned counsel submitted that the petitioner and others

attacking a police party is a brazen show of confrontation with

the administration which sends wrong signal to the masses at

large.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the Patna High Court CR. MISC. No.28083 of 2020 dt.29-01-2021

Court is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T