This is an oral order granting anticipatory bail to two petitioners in a case alleging ARSON under the Bharatiya Nyaya Sanhita. Punctual discharge allowed terms.
The petition is allowed. The petitioners are entitled to release on bail upon arrest/surrender by furnishing a bond of Rs. 10,000 each with two sureties of the same amount.
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.77880 of 2024
Arising Out of PS. Case No.-146 Year-2024 Thana- KHAJAULI District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Ms. Kumari Pallavi For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2. This application, for grant of anticipatory bail, arises out of Khajauli Police Station Case No. 146 of 2024, dated 11.07.2024, disclosing offences under Sections 326(f)/326(g)/3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 09.07.2024, in the night, when the informant came out of his house for urination, he saw that smoke was coming out of his cattle shed and immediately the fire started blazing from the cattle shed. The informant saw that the petitioners were fleeing away from the place
Patna High Court CR. MISC. No.77880 of 2024(2) dt.25-11-2024 2/3
of occurrence having oil container in their hands.
4. Learned counsel for the petitioners submits that both the parties are co-villagers and the petitioners have falsely been implicated in the present case due to previous dispute/quarrel between the parties regarding plucking of mangoes from the orchard. He next submits that there is delay of two days in lodging the First Information Report i.e. on 11.07.2024 inasmuch as the occurrence took place on 09.07.2024.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers and there was previous dispute/quarrel between the parties regarding plucking of mangoes, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Additional Judicial Magistrate 1st Class, Madhubani, in connection
Patna High Court CR. MISC. No.77880 of 2024(2) dt.25-11-2024 3/3
with Khajauli Police Station Case No. 146 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
1 issue framed by the court
Whether the petitioners, who are co-villagers and allegedly falsely implicated in a burning case due to a previous dispute, are entitled to anticipatory bail.
Shrawan Yadav @ Shrawan Kumar Yadav
Madan Yadav @ Sunil Yadav
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
