The Patna High Court refused anticipatory bail to the petitioner in a criminal case involving assault and threats against a railway station official. The court declined based on the physical injury sustained by the government informant and the allegations of ransacking the office.
Anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10523 of 2020
Arising Out of PS. Case No.-26 Year-2019 Thana- MOTIHARI RAIL P.S. District- West Champaran
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Raju Rai, aged about 25 years gender male, Son of Vinod Ray, Residence of village:- Maruabad, P.S. - Mehsi, District – East Champaran at Motihari
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 24-06-2020
Heard Mr. Binay Kumar, learned counsel for the petitioner and Mr. Md. Sufyan, learned counsel appearing for State through video conferencing.
Petitioner apprehends his arrest in connection with Motihari Rail P.S. Case No. 26 of 2019 registered for the offence under Sections 341, 323, 353, 504, 506, 452, 144, 307 of the I.P.C.
The allegation against the petitioner as per the First Information Report is that the informant, who is Station Master of Mehsi Railway Station while was on duty on 18.07.2019, then the petitioner along with other accused persons, three in number, arrived at the Railway Station and started abusing and threatening the people, who were in queue of the ticket counter
Patna High Court CR. MISC. No.10523 of 2020(4) dt.24-06-2020 2/3
of reservation. After that, the informant called Mehsi Police. It has further been alleged that Police personnel from Mehsi Police Station arrived there and the petitioner and other accused persons fled away. The informant has also stated that after some time, petitioner along with 5-7 unknown persons entered in the Office of the informant and started assaulting him by means of lathi due to which the informant received head injuries.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated only due to the fact that the petitioner had protested regarding excess fare being charged at the ticket counter. Learned counsel further submits that informant is an influential person and exercising his influence he has implicated him in the present case.
On the other hand, learned counsel for the State referring to the case diary submits that during the course of investigation cogent material has come against the petitioner and the injury report of the informant shows that he received injuries on his head and knee. Learned State Counsel further submits that the Office room of the informant was ransacked and chairs and tables were found broken. Learned State Counsel further submits that petitioner has criminal antecedent, though
Patna High Court CR. MISC. No.10523 of 2020(4) dt.24-06-2020 3/3
he has been acquitted from the charges levelled against him under Section 302 and other allied Sections of the I.P.C.
Having regard to the submissions made by the parties and taking into consideration the fact that a Government Official was assaulted by the petitioner and other accused persons during the course of his official duty and the informant has received injuries on his head and other parts of the body, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest in connection with serious criminal charges.
Raju Rai
The State Of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
