Patna High CourtCR. MISC./33783/2018bail granted

Ishtiyak Mian And ORS v. The State Of Bihar

2018-07-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33783 of 2018 Arising Out of PS. Case No.-273 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================

1. Ishtiyak Mian, S/o Majid Mian,

2. Kashal Mian S/o Ishtiyak Mian,

3. Shaukat Mian @ Saukat Khan S/o Ishtiyak Mian, All R/o Vill.- Palako, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-07-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Bhabua P.S. Case No. 273 of 2018 dated 17.04.2018 instituted for the offences under Sections 436/34 of the Indian Penal Code.

The petitioners are alleged to have set fire to the house of the informant leading to severe losses. Learned counsel for the petitioners has submitted that the petitioners are neighbours of the informant and there is an existing land dispute between them. It has further been submitted that only the wheat husk was found to have been burnt in the occurrence. The possibility of the same having been put on fire by

Patna High Court Cr.Misc. No.33783 of 2018(2) dt.04-07-2018 2/2 the informant himself for falsely implicating the petitioners cannot be ruled out.

The allegation in the FIR, it has been argued, is absolutely vague.

Regard being had to the aforestated facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 273 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U t