- (1.) THE present bail application was initially listed before another Hon'ble Bench of this Court and by order dated 05.08.2013, the Hon'ble Single Judge ordered the matter to be listed before another Bench. By the order of Hon'ble the Acting Chief Justice, the matter was ordered to be placed before me. Today, the matter was mentioned before the Division Bench presided over by Hon'ble the Acting Chief Justice for early listing and thus, this matter was ordered to be listed at 3 pm today.
(2.) THE present bail application has been filed by the accused Dhullu Mahto, a sitting MLA, seeking grant of bail in connection with Katras P.S. Case No. 120 of 2013 (G.R. No. 2023 of 2013) registered under Sections 147, 148, 149, 341, 353, 323, 332, 290, 427, 283, 224, 225 and 504 IPC. The brief case of the prosecution as disclosed in the First Information Report dated 12.05.2013 is that, on 12.05.2013 an information was received in the police station regarding accused Rajesh Gupta, who is a F.I.R. named accused in Baghmara (Barora) P.S. Case No.121 of 2013 dated 22.04.2013 registered under sections 384 and 386 IPC. On receiving such information, the police proceeded to apprehend the said accused namely, Rajesh Gupta and when the police force reached near the house, the said Rajesh Gupta tried to escape however, he was apprehended by the police and the police party proceeded to take the apprehended accused to the police station. However, in the meantime the present applicant along with several other persons and his supporters, surrounded the official vehicle and attacked the police party. The present applicant with the help of others forced open the door of the police vehicle and dragged out the policemen from the vehicle and started abusing them and initiated a scuffle. The present applicant tried to snatch the service pistol of the informant also and he torn the uniform of the police constable namely, Ram Bachan Ram. It is also alleged that the accused Dhullu Mahto asked the informant to show the warrant and when the warrant was shown to the present applicant, he retorted that he does not recognise any 'court -Katchahari' and thereafter, the present applicant along with others took away the accused namely, Rajesh Gupta out of the lawful custody of the police and escaped. On the same day at about 14.15 hours, an information was given in the police station and the F.I.R, as noticed above, was registered against the present applicant and others.
(3.) THE bail application bearing B.P. No. 1526 of 2013 was moved before the learned trial court which was heard and disposed of by order dated 17.07.2013 rejecting the prayer for grant of bail of the present applicant.;