Mritunjay Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20825 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Mritunjay Singh, Son of Late Girish Singh,

2. Bhairo Singh @ Bhairab Kr. Singh, Son of Late Girish Singh, Both Resident of Village- Domuhan, P.S.- Banka, District- Banka.

3. Pawan Kumar @ Pawan Kr. Yadav, Son of Ramdeo Yadav,

4. Dilip Kumar , Son of Ramdeo Yadav, Both Resident of VillageBiradih, ( Domuhan), P.S.- Banka, District- Banka.

5. Kuldip Yadav, Son of Late Lal Mohan Yadav, R/o Village- Lohani Kurawa, P.S.- Banka, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 326, 436, 307, 429, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of the Explosive Substance Act.

Allegation is that the petitioners were carrying vehicle through the land of the informant. On the date of occurrence informant was sleeping he found that his house was burning. When he came out, the petitioners were found standing

Patna High Court Cr.Misc. No.20825 of 2017 (3) dt.01-07-2017 2/2 there, hence, suspicion is that the petitioners had committed the arson.

Learned counsel for the petitioner submits that false implication is there due to dispute and rivalry regarding mining of sands.

Considering the fact that there is no eye-witness of the main occurrence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/successor Court in connection with Banka Police Station Case No. 89 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T