Chedi Das @ Chhedi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36872 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Chedi Das @ Chhedi Das aged about 40 years (M), S/O- Rajinder Das @ Rajender Das 2.

Sharwan Kumar Das @ Sharvan Kumar Das @ Sharwan Das aged about 20 years (M), S/O Chedi Das @ Chhedi Das 3.

Rajendar Das @ Rajinder Das aged about 73 years (M), S/O Late Janak Das 4.

Santosh Das aged about 39 years (M), S/O Bitan Das @ Shree Das 5.

Anil Das, aged about 34 years (M), S/O Bitan Das @ Shree Das 6.

Ashok Das aged about 35 years (M) S/O Bitan Das @ Shree Das 7.

Bhoginder Das @ Yoginder Das @ Bhogendra Das aged about 50 years (M), S/O Setan Das @ Sattan Das 8.

Vijay Das @ Vijay Chaupal aged about 37 years (M), S/O Manak Chaupal 9.

Ram Babu Das @ Rambaboo Das aged about 45 years (M) S/O Setan Das @ Sattan Das 10.

Bechan Das aged about 55 years (M) S/O Puran Das @ Bakko Das 11.

Hira Lal Das @ Hira Das aged about 54 years (M), S/O Jiwach Das @ Jivachh Das 12.

Jagdish Das aged about 48 years (M), S/O Raudi Das @ Ridi Das 13.

Raj Kumar Das aged about 44 years (M) S/O Raudi Das @ Ridi Das 14.

Sonu Das @ Sunu Kumar aged about 21 years (M), S/O Chedi Das @ Chhedi Das 15.

Pavitra Das @ Pavitre Das aged about 49 years (M), S/O Ram Prasad Das 16.

Pappu Das @ Pappu Kumar aged about 30 years (M), S/O Pavitra Das @ Pavitre Das 17.

Gudia Kumari @ Gudiya Kumari @ Gudia Devi aged about 43 years (F), W/O Chedi Das @ Chhedi Das 18.

Ganpat Das @ Ganpati Das aged about 6 years (M), S/O Kantu Das All Resident of Village- Nikasi, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Shama Sinha, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

2/4 ORAL ORDER 18-06-2025 Heard Mrs. Shama Sinha, learned counsel appearing on behalf of the petitioners and Mr. Sunil Kumar Pandey, learned APP for the State.

2. Learned counsel appearing on behalf of the petitioners seeks to withdraw the present bail application on behalf of the petitioner no. 12, namely, Jagdish Das.

3. Permission accorded.

4. The petitioners no. 1 to 11 and 13 to 18 seek prearrest bail in connection with Kamtaul P.S. Case No. 60 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

5. As per the allegation made in the FIR, petitioners along with other co-accused persons, had entered into the house of the informant and had assaulted him and his family members causing injury.

6. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Specific allegation against petitioners no. 1 and 14 is that they had assaulted the informant and his family members, who had sustained injury, however, the same has been found to be simple in nature. FIR is

3/4 against altogether 35 named and 20 unknown persons. She further submitted that so far as, petitioners no. 2 to 11, 13 and 15 to 18 are concerned, general and omnibus allegation has been levelled against them and there is no specific allegation against them that they are the one, who had assaulted the informant and his family members. On these grounds, petitioners no. 1 to 11 and 13 to 18 seeks to be released on pre-arrest bail.

7. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

8. Considering the rival submissions made on behalf of the parties, as well as, the fact that specific allegation against petitioners no. 1 and 14 is that they had assaulted the informant and his family members, who had sustained injury, however, the same has been found to be simple in nature as has been recorded in the impugned order. FIR is against altogether 35 named and 20 unknown persons. So far as, petitioners no. 2 to 11, 13 and 15 to 18 are concerned, general and omnibus allegation has been levelled against them and there is no specific allegation against them that they are the one, who had assaulted the informant and his family members. I am of the opinion that petitioners no. 1 to 11 and 13 to 18 have, prima facie, made out a case to be released on pre-arrest bail.

4/4

9. The petitioners no. 1 to 11 and 13 to 18, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga, in connection with Kamtaul P.S. Case No. 60 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

10. The learned District Court is directed to verify the criminal antecedent of the petitioners no. 1 to 11 and 13 to 18 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners no. 1 to 11 and 13 to 18 as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J) Niraj/- U T