Chhotelal Rai @ Chhotelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29722 of 2020 Arising Out of PS. Case No.-248 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

CHHOTELAL RAI @ CHHOTELAL YADAV S/O Late Suraj Rai Resident of Village - Narayanpur, P.S. - Dumariaghat, District - East Champaran. 2.

Arun Kumar @ Arun Kumar Yadav S/O Yadolal Rai Resident of Village - Narayanpur, P.S. - Dumariaghat, District - East Champaran. 3.

Pankaj Kumar S/O Chhotelal Rai @ Chhotelal Yadav Resident of Village - Narayanpur, P.S. - Dumariaghat, District - East Champaran. 4.

Pradeep Kumar S/O Yadolal Rai Resident of Village - Narayanpur, P.S. - Dumariaghat, District - East Champaran.

5.

Yadolal Rai S/O Late Suraj Rai Resident of Village - Narayanpur, P.S. - Dumariaghat, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.29722 of 2020(2) dt.11-12-2020 2/3 The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 323, 307, 452, 379, 504, 506, 354, 354(B) of the Indian Penal Code.

The prosecution case, in short, is that the accused persons assaulted on the head of the informant on due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners except for petitioner no. 3. Subsequently, a petition has been filed on behalf of the informant in which it was stated that the matter has been reconciled between the parties and the informant does not want to pursue with the matter. The same is evident from the order of the learned Sessions Court.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks

Patna High Court CR. MISC. No.29722 of 2020(2) dt.11-12-2020 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariaghat P.S. Case No. 248 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T