Chhotelal Rai @ Chhotelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6180 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- KOTWA District- East Champaran ====================================================== 1.

CHHOTELAL RAI @ CHHOTELAL YADAV S/o Langaru Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran. 2.

Achhelal Ray @ Achhelal Yadav S/o Langaru Yadav Resident of VillageNayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran. 3.

Pramukh Yadav S/o Achhelal Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

4.

Chanchal Yadav S/o Chhotelal Yadav @ Achhelal Ray Resident of VillageNayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran. 5.

Pradip Yadav S/o Chhotelal Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

6.

Umesh Yadav S/o Kailash Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

7.

Guddu Yadav Son of Jimalal Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

8.

Vishambhar Yadav S/o Kul Chandra Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran. 9.

Rajendra Yadav S/o Late Jiyut Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

10.

Subhash Yadav S/o Late Banarasi Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran. 11.

Vinod Yadav S/o Vishwanath Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

12.

Rajesh Yadav @ Brajesh Yadav S/o Bishambhar Yadav Resident of VillageNayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran. 13.

Durga Yadav S/o Late Asharfi Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

14.

Rakesh Yadav S/o Jay Narain Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

15.

Jaylal Yadav Son of Satahu Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

16.

Dadan Yadav Son of Rajdeo Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran.

17.

Daroga Yadav S/o Late Guhari Yadav Resident of Village- Nayaka Tola, P.S.- Bhopatpur O.P. District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

Patna High Court CR. MISC. No.6180 of 2022(4) dt.24-04-2023 2/3 ====================================================== Appearance :

For the Petitioners :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 The anticipatory bail application filed in respect of petitioner no.4, namely, Chanchal Yadav was already permitted to be withdrawn vide order dated 27.03.2023.

Heard both sides.

The petitioners apprehend their arrest in connection with Kotwa P.S. Case No.101 of 2021, registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 353, 379, 511, 332, 333, 427, 188, 269, 270, 504 of the Indian Penal Code, Section 3 of the Epidemic Act as well as under Section 51 of the Disaster Management Act. The allegations against the petitioners are of causing hurt to the police party and taking away of the arrested person, namely, Chhotelal Rai and seized articles from the custody of police and damaging of police vehicle while the police party was on duty.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.6180 of 2022(4) dt.24-04-2023 3/3 petition. It is submitted that allegations against the petitioners are not specific rather the allegations are general and omnibus. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners no.1 to 3 and 5 to 17, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-9, Motihari, District East Champaran in connection with Kotwa P.S. Case No.101 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T