IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52081 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1. Sunil Tiwari @ Guddu Tiwari S/o Narendra Tiwari Resident of village- Banarpur, PS- Buxar Muffasil, District- Buxar 2. Dharmendra Rai @ Dharmendra KumarRai S/o Chandrama Rai Resident of village- Banarpur, PS- Buxar Muffasil, District- Buxar 3. Oam Pandey S/o Doka Pandey @ Arun Kumar Pandey Resident of village- Banarpur, PS- Buxar Muffasil, District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Pradhan, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 29-08-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with regard to the petitioner no.1 (Sunil Tiwari @ Guddu Tiwari). 3. Permission is accorded. 4. The petitioners are apprehending their arrest in a case in connection with Buxar Mufassil P.S. Case No. 101 of 2024 dated 20.03.2024 registered for the offence punishable u/ss 147, 148, 149, 341, 323, 342, 324, 325, 326, 307, 353, 332, 333, Patna High Court CR. MISC. No.52081 of 2025(2) dt.29-08-2025 2/5 337, 338, 109, 427, 435, 188 and 120B of the Indian Penal Code and Section 25(1-B)(a), 26, 27, 35 of the Arms Act. 5. As per the prosecution case, the informant received information from the officer of under construction Chausa Thermal Power Plant and L&T Company that the petitioner and the co-accused persons along with about 200 unknown persons were restraining the workers and employees of the said Thermal Power Plant from entering the said power plant for doing construction work. It is further alleged that all the co-accused persons started pelting stones on the main gate of the said power plant. Thereafter, the police personnel reached the spot and informed the protesters about the order dated 16 January 2024 passed in CWJC No. 1696 of 2023 by Hon’ble Patna High Court and asked them to follow the said order but they did not pay any heed and became more aggressive. On seeing the critical situation, higher police personnel discussed the matter and a team was constituted to restrict the said rebellions from obstructing the construction work. When the said police team raided on the spot, the protesters having armed with lathi, danda, bricks and stones attacked the police team causing injuries. Thereafter, the police personnel took shelter in the said Thermal Power Plant, in the meantime, the protesters damaged Patna High Court CR. MISC. No.52081 of 2025(2) dt.29-08-2025 3/5 the said power plant and set it on fire. The accused Ram Pravesh Yadav was continuously firing on the police personnel. It is further alleged that 11 rounds of tear gas were also fired to disperse the crowd. On search, 2 live cartridges, 7 iron poles, 20 lathies, one sound box, two pieces of iron stand fan, 50 to 60 stone pieces, 20 to 22 broken bottles, 4 bamboo poles, 5 iron rods and two hasua were recovered from the place of occurrence. 6. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. No incriminating article has been recovered from the possession of the petitioners. It is further submitted that the State Government has acquired his major agricultural land for Chausa Thermal Power Plant along with other lands of his co-villagers and many irregularities have been committed in the land acquisition process by State authorities as no proper compensation has been given and no rehabilitation scheme is followed. It is further submitted that the petitioners have no concern with the alleged offence. The co-accused persons have already been granted anticipatory bail by this Court vide order dated 06.09.2024 passed in Cr. Misc. No. 45092 of 2024. The Patna High Court CR. MISC. No.52081 of 2025(2) dt.29-08-2025 4/5 petitioner no.2 has four criminal antecedents and the petitioner no.3 has no criminal antecedent as stated in para 3 of the bail petition. 7. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the anticipatory bail petition of the petitioners. 8. Considering the aforesaid facts and circumstances of the case, let the above named petitioner nos. 2 and 3 (Dharmendra Rai @ Dharmendra Kumar Rai and Oam Pandey), in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Buxar, in connection with Buxar Mufassil P.S. Case No. 101 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i) The petitioner nos. 2 and 3 (Dharmendra Rai @ Dharmendra Kumar Rai and Oam Pandey) are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner nos. 2 Patna High Court CR. MISC. No.52081 of 2025(2) dt.29-08-2025 5/5 and 3 are liable to be cancelled. 9. The application stands allowed. shivam/- (Chandra Prakash Singh, J) U T