Bir Bahadur Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37278 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

BIR BAHADUR PRASAD, Son of Late Ramashish Prasad, 2.

Jai Ram Prasad, Son of Late Mahendra Prasad, 3.

Raj Kishor Prasad, Son of Late Gopi Chand Prasad, 4.

Munna Prasad, Son of Raj Kishor Prasad, all Resident of Village - Dewariya, P.S.- Maharajganj, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Shantanu Kumar For the informant :

Mr. Ajay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 24-07-2019 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners seek bail in Maharajganj P.S. Case No.105 of 2018 instituted for the offence under Section(s) 427, 436/34 Indian Penal Code.

Counsel for the petitioners submits that Petitioner is in custody since 14.05.2019.

In the written report, it is alleged that on the date of occurrence the informant got awake after seeing flame of fire. He came near his shop and found these petitioners running away after setting the shop on fire by pouring petrol. It is alleged in

Patna High Court CR. MISC. No.37278 of 2019(3) dt.24-07-2019 2/2 the written report that informant suffered loss of rupees twenty five lac. It is alleged that he has old enmity with the petitioners. Case diary has been received.

It is submitted that there is no eye witness to the occurrence. In the case diary, witnesses in para 21, 22, 23, 24, 25 have stated that fire has taken place due to short circuit. It is admitted in the written report that there is old enmity between the parties.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, V, Siwan, in connection with Maharajganj P.S. Case No.105 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J) J. Alam/- U T