The High Court of Patna allowed an application for anticipatory bail for two petitioners accused of setting fire to a house, directing release on bail with court appearance conditions.
Application allowed; bail granted on surrender within six weeks with bond of Rs.10,000/- each and two sureties, subject to conditions under Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14888 of 2016
Arising Out of PS.Case No. -125 Year- 2015 Thana -KORHA District- KATIHAR
====================================================== 1. Mohan Mahto, son of late Ram Pyare Mahto 2. Shushil Mahto @ Shushil Kumar, son of Mohan Mahto Both are resident of village Bargam Tapu, P.S. Korha, District Katihar .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 05-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State.
This application for grant of anticipatory bail arises out of Korha P.S.Case No. 125/2015, disclosing offences under section 436/34 of the Indian Penal Code.
Petitioner no.1 and the informant are said to be full brothers. Petitioner no.2 is son of petitioner no.1.
It is alleged that some miscreants had set on fire, the house of the informant in the night when he was sleeping. When he awoke, he saw the accused persons fleeing away.
Learned counsel for the petitioners has submitted that the petitioners and the informant are on litigating term and therefore, a false case has been instituted implicating the petitioners.
Patna High Court Cr.Misc. No.14888 of 2016 (2) dt.05-05-2016
2
Considering the nature of accusation, this application is
allowed.
Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Korha P.S.Case No. 125/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
Surendra/-
U
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in the case of fire setting?
1 provisions across 1 enactments
Mohanda Mahto
Shushil Kumar
State of Bihar
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
