Harendra Ray @ Harendra Singh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5389 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- CHANDI District- ======================================================

1. Harendra Ray @ Harendra Singh Yadav aged about 35 years, male

2. Bivisan Ray @ Vishan Ray @ Birisan Kumar, aged about 26 years, male

3. Saroj Ray @ Saroj Kumar, aged about 24 years, male, all are sons of Shankar Ray, Resident of village-Bhadavar (Baijnath Tola) P.S.-Chandi, DistrictBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 453, 436/34 of the Indian Penal Code. The prosecution case, in short, is that on 15.7.2018 in the night the informant saw that smoke was coming, then he came outside the room and saw that his tractor was burning. He further stated that the petitioners and two unknown persons were fleeing away after jumping the boundary wall. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.5389 of 2019(2) dt.31-01-2019 2/2 petitioners. The petitioners have falsely been implicated in the present case due to previous enmity. The case has not been found true under Section 436 of the I.P.C. General and omnibus allegation has been made. Source of identification has not been disclosed by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Chandi P.S. case No.83 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T