Bir Bahadur Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5614 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

Bir Bahadur Prasad, son of Ram Ashish Prasad 2.

Jai Ram Prasad sonof Late Mahendra Prasad 3.

Raj Kishore Prasad son of Late Gopichand Prasad 4.

Munna Prasad @ Munna Kumar, son of Raj Kishor Prasad All Resident of Village-Deoria, P.S.- Maharajganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava For the Informant :

Mr. Ajay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 The petitioners apprehend their arrest in connection with Maharajganj P.S.Case No. 105 of 2018 registered under Sections 427 and 436/34 of the Indian penal Code. Allegation against the petitioners is of setting the shop of the informant on fire causing damage of Rs. 25 lacs. It further appears that petitioners are accused in five other cases. Submission of learned counsel for the petitioners is that all cases have been filed by the informant and para-21,22 and 24 disclose that there is old dispute between the parties and not disclose the name of the petitioners and further submission is that Investigating Officer has also not found any sign of fire at the place of occurrence.

Patna High Court CR. MISC. No.5614 of 2019(3) dt.04-04-2019 2/2 Heard learned APP and learned counsel appearing on behalf of the informant who have opposed the prayer for anticipatory bail on the ground that apart from five cases mentioned in para-3 of the application, they are involved in three more cases which have not been mentioned in the application.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners and provisional bail granted vide order dated 07.02.2019 to them is hereby withdrawn. They are directed to surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered on the basis of submission, as made above, and considering the materials available on record, dispose it of without being prejudiced by this order, if possible, on the same day.

(Vinod Kumar Sinha, J) sujit/- U T