Manmohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4347 of 2023 Arising Out of PS. Case No.-361 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Manmohan Singh S/O Madhu Sudan Singh Resident of village- Barharwa Lakhasen, P.S.- Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 436, 307/34 of the Indian Penal Code.

Prosecution case in brief is that on 18.06.2022 in the night, when the informant and his wife were sleeping, accused persons named in the FIR poured kerosene oil on their bed and put fire, as a result of which bedsheet and mosquito net started burning. When informant and his wife awoke, they saw this petitioner along with four others.

It is submitted that petitioner is not named in the FIR and he was not even identified by the informant. The incident took place in the midnight and there may be chance that the bed

Patna High Court CR. MISC. No.4347 of 2023(4) dt.03-07-2023 2/2 caught fire accidentally. It is further submitted that co-accused Munu Singh @ Jhunnu Singh @ Munnu Singh who is named in the FIR has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 29.04.2023 passed in Cr. Misc. No. 61073 of 2022. Petitioner claims clean antecedents. Counsel for informant however vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 361 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T