Patna High CourtCR. MISC./14593/2024dismissed

Rakesh Sahani v. The State Of Bihar

2024-04-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14593 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- PATAHI District- East Champaran ====================================================== Rakesh Sahani Son of Mantu Sahani Resident of Village- Pachgachhiya, P.S.- Patahi, District-East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Patahi P.S. Case No. 330 of 2023 registered for the offences punishable under Sections 427 and 436 of the Indian Penal Code.

3. Allegedly, petitioner along with co-accused Rajesh Sahani is said to have set fire on the shop of the informant after pouring petrol and caused loss of lakhs of rupees. They also set fire on properties of other people, as mentioned in the FIR.

4. It is submitted by learned counsel for the petitioner that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and

Patna High Court CR. MISC. No.14593 of 2024(3) dt.18-04-2024 2/2 based on concocted facts. Both the parties are next door neighbours and dispute is going on between them since long. The alleged occurrence of fire was an unfortunate incident. Petitioner has no role in the alleged occurrence. He has been made accused in the present case due to previous enmity. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, as from bare perusal of the FIR, it appears that there is specific overt act against the petitioner to set fire on the informant's shop due to which he suffered a huge loss, I am not inclined to enlarge the petitioner on bail.

7. Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U