Dismissed

Dhukhi Singh Bhokta v. The State of Bihar

Patna HC4 Nov 2020CR. MISC./15266/2020

Case brief

AI extract

What is this about?

In Criminal Misc. No.15266 of 2020, the Patna High Court rejected the grant of anticipatory bail to petitioners accused in a 2014 mob attack case. The court noted the five-year delay in seeking relief and directed petitioners to surrender for regular bail consideration.

What did the court decide?

Anticipatory bail application rejected; direction to surrender for regular bail consideration.

Dhukhi Singh Bhokta Vs The State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15266 of 2020

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Arising Out of PS. Case No.-133 Year-2014 Thana- MADANPUR District- Aurangabad

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======================================================

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DHUKHI SINGH BHOKTA Son of Bishun Singh Bhokta, Resident of Village- Nimidih, P.S.- Madanpur, District- Aurangabad.

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Ranjit Kumar @ Ranjit Yadav Son of Mahesh Yadav, Resident of VillageSahajpur, P.S.- Madanpur, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Yugal Kishore, Adv. For the Opposite Party/s : Mr.Satya Nand Shukla, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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4 04-11-2020 Heard both sides through Video Conferencing.

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Petitioners apprehend their arrest in Madanpur P.S.

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Case No.133 of 2014 registered under Sections 147, 148, 149, 341, 337, 353, 427, 504, 124A of the Indian Penal Code and under Section 17 of the C.L.A. Act.

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The informant (A.S.I. of Madanpur P.S.) alleged that he got information that members of extremist groups (Maoist) were to attack the police station and they were instigating the villagers. They had planned to kill the police and loot away arms and ammunition from the police station. The informant further alleged that at about 2:30 pm. about 500 persons having armed with different weapons came to the police station, they

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Patna High Court CR. MISC. No.15266 of 2020(4) dt.04-11-2020 2/3

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started pelting stones and they were trying to dismantle the police station. The S.D.P.O. and the D.C.L.R. were inside the police station but the extremists did not succeed in dismantling the police station. They fled away towards the G.T. Road.

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Learned counsel for the petitioners submits that the F.I.R. was lodged against unknown. The names of the petitioners surfaced in the case during course of investigation. It is further submitted that many persons have been granted regular bail as well as anticipatory bail by this court. The case of the petitioners stands on the same footing as that of other accused persons. It is further submitted that during course of investigation, it transpired that the police officials made videography of the entire occurrence and on seeing videography, it was found that the petitioners were also members of the mob and their names surfaced in the case.

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It appears that it is a case of extremists activities and the extremists wanted to dismantle the police station and tried to loot the arms and ammunition after killing the police officials but they could not succeed. The case is of the year 2014 but the petitioners moved this court for grant of anticipatory bail only after five years of the occurrence. It appears that many persons similarly situated have been granted regular bail.

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Patna High Court CR. MISC. No.15266 of 2020(4) dt.04-11-2020 3/3

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Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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If the petitioners surrender in the court below, the learned court below shall consider the prayer for regular bail of the petitioners taking into consideration that other accused persons similarly situated have already been granted regular bail and dispose of the bail petition of the petitioners preferably on the same day.

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(Prabhat Kumar Jha, J)

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Harish/-

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U T

Dhukhi Singh Bhokta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dhukhi Singh Bhokta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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