Anil Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33347 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- CHAKAI District- Jamui ====================================================== Anil Soren, Son of Andreyas, Resident of Village-Chadri, Police StationChakai, District-Jamui ... Petitioner

Versus

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

For the Petitioner :

Mr. Suresh Kumar, Adv.

For the Opposite Party :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 07.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Chakai P.S. Case No. 63 of 2019. registered under Sections 435 and 436 of the Indian Penal Code.

The accusation is that on 23.04.2019, informant, Dilip Marandi, was at the house of his maternal uncle in village Sirsiya Mohanpur, then, he received information about putting fire in his house. When he came in his village and made query, then, came to know that Anil Soren (petitioner), due to land dispute, has put the fire in his house in which paddy straw worth

Patna High Court CR. MISC. No.33347 of 2020(2) dt.09-03-2021 2/2 Rs.400/- burnt to ashes.

Submission is that mere on suspicion, due to land dispute, informant has named the petitioner as accused in the first information report. Further, submission is that Section 436 of the Indian Penal Code will not be attracted in the present case as house, which is said to be burnt, was house for storage of paddy straw and not the dwelling house.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chakai P.S. Case No. 63 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Jamui, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T