Mukesh Panjiyara And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30162 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================

1. Mukesh Panjiyara, S/o Pparmanand Panjiyara

2. Arvind Mandal, S/o Khokha Mandal Both are resident of village- Shasan, P.S.- Dhoraiya, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Durgesh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 149, 147, 341, 323, 448, 436, 427, 354 of the Indian Penal Code.

The prosecution case is that on order of petitioner no. 1 Mukesh Panjiyara, petitioner no. 2 Arvind Mandal put the house of the informant on fire. It is alleged that petitioner no. 1 pushed the informant, as a result her body was exposed.

It is submitted by the learned counsel for the petitioners that earlier the petitioners have lodged a case and in retaliation the informant lodged the present case. The hutment, in which fire was lit, was not residential one. Statement has

Patna High Court Cr.Misc. No.30162 of 2015 (2) dt.29-07-2015 been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the nature of accusation this court is not inclined to grant privilege of anticipatory bail to petitioner no. 2 namely Arvind Mandal.

Accordingly, his application for anticipatory bail is rejected.

So far as petitioner no. 1 is concerned, considering the totality of the fact, let the petitioner no. 1 namely Mukesh Panjiyara, be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Banka in connection with Dhoraiya P.S. Case No. 56 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T