Chote Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21280 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== CHOTE LAL YADAV Son of Late Kapil Yadav Resident of Village - Mirzagonj, P.S.- Sikandra, Dist.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanju Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 103(1) , 352, 351 ( 2 ) and 3(5) of BNS.

3 . The prosecution case in brief, is that on 12.09.2024 at 2.30 P.M. while informant was returning from Miziganj Bazar with Girish Yadav (Bahnoi of informant) and when he reached near post office he found that his maternal grand father was caught by Rupesh Yadav who assaulted his maternal grandfather with fist on his face and co-accused Gorelal Yadav assaulted him with spade upon back side of his head due to which he sustained injury on his head and thereafter he fell down unconsciously and when informant tried to catch accused

Patna High Court CR. MISC. No.21280 of 2025(2) dt.29-04-2025 2/3 Rupesh Kumar Yadav and Gorelal Yadav they both fled away and on alarm so many co-villagers assembled there and found that Prahlad Yadav dead. It is further alleged that the motive of the alleged occurrence is that Prahalad Yadav has no issue, male or female , so he adopted the son and daughter of his sister, namely Gautam Kumar and Nilu Devi, which was protested by his nephew, co-accused Gorelal Yadav, co-accused Rupesh Yadav, this petitioner Chotelal Yadav, son of the late Kapil Yadav, and, prior to the alleged occurrence, co-accused Gorelal Yadav, Chotelal Yadav, and the petitioner had threatened the deceased with dire consequences.

4. It is submitted on behalf of the petitioner that specific allegation of assault is against co-accused Gorelal Yadav and Rupesh Yadav and so far as this petitioner is concerned, allegation is general and omnibus against him. On the alleged date and time of occurrence , this petitioner was not present on the spot and has got no concern with the alleged occurrence . Moreover, there is pending land dispute between the parties and taking advantage of the same , this false and concocted case has been lodged against this petitioner. Petitioner claims clean antecedent.

5 . Learned counsel for the State opposed the bail

Patna High Court CR. MISC. No.21280 of 2025(2) dt.29-04-2025 3/3 petition .

6 Considering the aforesaid facts, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned J M 1st Class Jamui in connection with Sikandra P.S. Case No. 285 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T