Baldev Saw @ Baldew Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13466 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- SIMULTALLA District- Jamui ====================================================== BALDEV SAW @ BALDEW SAH Son of Late Bhola Saw Resident of Village - Pathal Chapti, P.S.- Simultala, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 323/34 and other allied sections of the Indian Penal Code and 3⁄4 of the Explosive Substances Act.

Prosecution's case, in brief, is that the petitioner and other accused persons burnt the cowshed of the informant. They also exploded bomb at the time of committing this offence. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the house in question was merely a cowshed and not the dwelling house as such offence under section 436 Indian Penal Code would not be attracted against him. No injury as been caused.

Considering the facts of the case, let the petitioner,

Patna High Court CR. MISC. No.13466 of 2020(2) dt.05-03-2020 2/2 above named, in the event of surrender before the Court below within six weeks from today, be released 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 Chief Judicial Magistrate, Jamui in Simultala Police Station Case No. 53/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T