IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13986 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Chhotu @ Vikash Kumar, S/O Naresh Yadav, Resident of Village- Upartand, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Rajauli P.S. Case No. 257 of 2024 dated 29.05.2024 instituted for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 384 of the Indian Penal Code. 3. The prosecution case, in short, is that on 29.05.2024, the informant and his co-villager went to Chitrakala studio for collecting the photographs of Shradh ceremony of his grandfather. In the meantime, nine FIR named accused persons including the petitioner and ten unknown persons came and abducted the informant and took him away near the Ambedkar Chhatrawas and all started assaulting him. It is alleged that co- accused, Surajbhan Yadav gave repeated blow on his head by Patna High Court CR. MISC. No.13986 of 2025(2) dt.05-03-2025 2/4 means of an iron rod and others persons also assaulted him by iron shocker, lathi and other weapons on his entire body. Thereafter, they threw him on the bank of river. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that FIR has been registered against nine named persons, including the petitioner and 10 unknown persons. It is next submitted that this is a case of mob lynching. In fact, the informant and his friend were teasing the girls going to school and also misbehaving with them. Thereafter, looking such activity, several local persons gathered there, apprehended them and some of the local people also assaulted them, in which the informant has received some minor injuries. Learned counsel for the petitioner further submits that there is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. The specific allegation is against one Surajbhan Yadav @ Bhan that he assaulted the informant by means of iron rod on his head. The nature of injury is simple in nature. Co-accused, Surajbhan Yadav has been granted anticipatory bail vide order dated 11.09.2024 passed by this Court in Criminal Miscellaneous No. 58753 of 2024. Lastly, it has been submitted that petitioner has two criminal Patna High Court CR. MISC. No.13986 of 2025(2) dt.05-03-2025 3/4 antecedents. 5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rajauli P.S. Case No. 257 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Nawada, subject to condition as laid down under Section 438(2) of the Cr.P.C. to the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. II. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife. III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is Patna High Court CR. MISC. No.13986 of 2025(2) dt.05-03-2025 4/4 made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. IV. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. premchand/- (Khatim Reza, J) U T