Sanjay Yadav @ Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44590 of 2016 Arising Out of PS.Case No. -581 Year- 2015 Thana -KHAZANIHAT DistrictPURNIA =====================================

1. Sanjay Yadav @ Sanjay Kumar Yadav, Son of Late Bindeshwari Yadav, Resident of Village-Chandrahi, P.S.- Dhamdaha, District-Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Pankaj Kr. Sinha Mr. Kamal Kishore Jha For the Opposite Party/s :Mrs. Indu Kumari Srivastava ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of K. Nagar P.S. Case No. 581 of 2015, disclosing offences under Sections 436 and 506 of the Indian Penal Code.

It is alleged that in retaliation to some altercation which had taken place between the informant and the petitioner, when informant was sleeping in his hotel, the

Patna High Court Cr.Misc. No.44590 of 2016 (2) dt.27-10-2016 2/2 petitioner set the said hotel on fire.

Learned counsel for the petitioner has submitted that the case of prosecution is not at all believable inasmuch as since according to informant himself, he was sleeping at the time of occurrence, there was no occasion for him to see the petitioner setting the hotel on fire.

I find substance in the submission so advance on behalf of the petitioner.

This application is, accordingly, allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Purnia, in connection with K. Nagar P.S. Case No. 581 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. Praveen-II/-c (Chakradhari Sharan Singh, J.) U T