The petitioners were alleged for freeing the accused from police custody by unfair means and false implications. It was an abusive and forcible attempt. The Court after considering all facts and circumstances dismissed the petition for pre-arrest bail. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Birbahadur Singh and others v. The State of Bihar[Criminal Miscellaneous No. 10934 of 2020].
The facts of the case were that the petitioner was apprehended arrest in connection with a case instituted under Sections 341, 323, 353, 224, 225, 307, 504, and 506/34 of the Indian Penal Code. The learned counsel for the petitioner submitted that the 1st petitioner had surrendered before the court of law and took the bail and he might be got permitted to withdraw the current petition on his behalf. As prayed by the Learned Counsel the petition for petitioner no. 1 stood disposed of as withdrawn and other petitioners were restricted. It was alleged that the petitioners had manhandled the police personnel and freed the accused from custody.
Learned counsel for the petitioners submitted that the informant, who is the SHO of the Police Station was on inimical terms with the petitioner no. 2, as he had falsely implicated his son previously, showing recovery of mahua liquor from the Kirana shop of the son of the petitioner no. 2. It was submitted that due to this, petitioner no. 2 had filed an informatory petition for apprehending false implication by the present informant, and hence, the present case was instituted.
It was further submitted by the Additional Public Prosecutor that the witnesses had supported the prosecution case and that the petitioners had forcibly freed the accused. He submitted that the conduct of the petitioners is highhanded as the police who had gone to arrest of another accused were manhandled and abused and the said accused was set free, which has a very grave adverse effect on the the morale of the police and also the general atmosphere of the area where such lawlessness prevails.
The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioners no. 2 and 3, namely, Birendra Yadav and Guddu Yadav, respectively.” The petition was hence dismissed on the said terms.”
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Judgment Reviewed By Nimisha Dublish
