Chalittar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52903 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== 1.
Chalittar Yadav S/o Late Jagadeo Yadav Vill.- Baghwa, Ward No.- 07, PSMahishi (Jalai OP), Distt.- Saharsa 2.
Indal Yadav @ Indal Kumar Yadav S/o Dinesh Yadav Vill.- Baghwa, Ward No.- 07, PS- Mahishi (Jalai OP), Distt.- Saharsa 3.
Rampukar Yadav S/o Late Brahmdev Yadav Vill.- Baghwa, Ward No.- 07, PS- Mahishi (Jalai OP), Distt.- Saharsa 4.
Udgar Yadav @ Ram Udgar Yadav S/o Late Brahmadev Yadav Vill.- Baghwa, Ward No.- 07, PS- Mahishi (Jalai OP), Distt.- Saharsa 5.
Ashok Yadav @ Ashok Kumar S/o Late Rajendra Yadav Vill.- Baghwa, Ward No.- 07, PS- Mahishi (Jalai OP), Distt.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha, Advocate.
For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP.
For the Informant :
Mr. Praveen Kumar, Advocate.
Smt. Anju Kumari Sinha, Advocate.
Ms. Dristi Mohan, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-08-2025 Heard Mr. Binod Kumar Sinha, learned counsel appearing on behalf of the petitioners; Mr. Md. Aslam Ansari, learned APP for the State and Mr. Praveen Kumar, learned counsel along with Smt. Anju Kumari Sinha and Ms. Dristi Mohan, learned counsel for the informant.
2. The petitioners seek pre-arrest bail in connection with Mahishi (Jalai) P.S. Case No. 376 of 2024 registered for the offence punishable under Sections 115(2), 126(2), 118(1),
Patna High Court CR. MISC. No.52903 of 2025(2) dt.12-08-2025 2/3 117(2), 109, 303(2), 76, 324(4), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., all the accused persons including the petitioners with a common intention to kill assaulted the informant and his family members.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. There is case and counter case between the parties. The allegation levelled against the petitioners is not specific rather general and omnibus. Specific allegation of assault is against co-accused Mukesh Yadav, Shiv Kumar Yadav and Sushil Yadav.
5. Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made against the petitioners to be not specific rather general and omnibus and the fact that the petitioners in their self defence might have caused some injury to the informant's side without any intention, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks
Patna High Court CR. MISC. No.52903 of 2025(2) dt.12-08-2025 3/3 from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Mahishi (Jalai) P.S. Case No. 376 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T