Saifullah @ Chhotu Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33792 of 2026 Arising Out of PS. Case No.-420 Year-2025 Thana- KOTWA District- East Champaran ====================================================== 1.

Saifullah @ Chhotu Hussain S/o Jamaliddin Resident Of Village - Gadhwa Khajuriya, P.S. - Kotwa, Dist. - East Champaran. 2.

Laddu Mian @ Md. Inamudin S/o Md. Motiullah, Resident Of Village - Gadhwa Khajuriya, P.s. - Kotwa, Dist. - East Champaran. 3.

Shakib @ Shakib Majahar S/o Majharul Haque, Resident Of Village - Gadhwa Khajuriya, P.s. - Kotwa, Dist. - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-05-2026 Heard the learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners apprehend their arrest in connection with Kotwa P.S. Case No. 420 of 2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 132, 121(1), 121(2), 285, 326(b), 333, 324(4), 326(f), 351(2), 352 of the BNS and Section 8 (B) of National Highway Act.

3. As per the prosecution story, it was alleged that the petitioners along with 250 others indulged in arsoning of NHAI and blocked the road, due to death of five persons. It was alleged that when police personnel and administration

Patna High Court CR. MISC. No.33792 of 2026(2) dt.14-05-2026 2/3 reached there, the mob started pelting stone and bricks, due to which some police personnel received injuries. The petitioner was identified by local chaukidar.

4. It is submitted by learned counsel for the petitioners that petitioners have got no connection with the occurrence in question and the FIR has been lodged against 43 named accused persons on the basis of identification of chaukidar. It is submitted that petitioners were not present on the spot at the time of occurrence, They were sleeping after taking dinner. There is general and omnibus allegation against the petitioners and there is no specific allegation against any of the persons named in the FIR. It is further submitted that similarly situated co-accused persons have been granted anticipatory bail by different learned coordinate Benches of this Court through Cr. Misc. No. 20518 of 2026 dated 08.04.2026, Cr. Misc. No. 24675 of 2026 dated 16.04.2026, Cr. Misc. No. 25337 of 2026 dated 22.04.2026 and Cr. Misc. No. 31321 of 2026 dated 07.05.2026 respectively.

Petitioners claimed clean antecedent.

Patna High Court CR. MISC. No.33792 of 2026(2) dt.14-05-2026 3/3

5. Learned A.P.P for the State has opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as it appears that FIR has been lodged against 250 named and unknown persons coupled with fact that several similarly situated co-accused persons have already been granted anticipatory bail, as mentioned aforesaid, accordingly, all above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sadar Motihari, East Champaran/concerned Court, where the case is pending in connection with Kotwa P.S. Case No. 420 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T