Manoj Kuswaha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37494 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Manoj Kuswaha son of Lal Bihari Kuswaha

2. Sanjeet Kuswaha son of Ram Chandra Kuswaha

3. Rakesh Kuswaha son of Abhimanyu Kuswaha All residents of Village Hukha, P.S. Buxar (M), District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Buxar (M) P.S. Case No. 95 of 2016 registered for the offence punishable under Sections 295/34 of the Indian Penal Code.

The prosecution case is that on 22.04.2016 at about 12:15 in the night, he saw that the hut, in which statue of Sant Ravidas and photograph of Dr. Ambedkar were kept, was set on fire and when informant raised alarm, he saw the accused persons fleeing away.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.37494 of 2016 (2) dt.17-09-2016 2/3 the petitioners that they have been made accused only on the basis of suspicion and both parties were inimical to each other. He submits that there is no eye-witness to the alleged occurrence and the informant has only seen the petitioners running away and, as such, the said offence cannot be attributable to them. He submits that the occurrence took place at 12:15 in the night and there was no source of light for identification and, as such, identification of the petitioners is very much doubtful. He further submits that the petitioners have no criminal history, as is evident from paragraph 3 of this application.

However, learned A.P.P. for the State submits that petitioners are named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since petitioners have been implicated on the basis of the suspicion and that they have no criminal history, let the petitioners, named above, in the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-

Patna High Court Cr.Misc. No.37494 of 2016 (2) dt.17-09-2016 3/3 V, Buxar in connection with Buxar (M) P.S. Case No. 95 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J.) Arjun/- U T