Ganesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46898 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== GANESH RAY Son of Late Junarvi Ray Resident of Village-Belhar, P.S.- Dariyapur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-10-2019 The petitioner apprehends his arrest in connection with Dariyapur P. S. Case No. 95 of 2019 registered under Sections 436 and 506 of the Indian Penal Code.

Allegation against the petitioner is that petitioner has set the hut of one Ram Datt Rai, who is relative of the informant on fire with intention to kill the occupant of the hut. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case due to oblique motive inasmuch as a title suit was filed by the petitioner in which informant's relative Ram Datt Rai was the defendant and the suit was decreed in favour of the petitioner. He further submits that the hut in question was situated on the disputed suit land. He further submits that during investigation, nobody claims to be eye witness who has seen the occurrence.

Patna High Court CR. MISC. No.46898 of 2019(3) dt.01-10-2019 2/2 Having regard to the submissions made by the parties and taking into consideration the fact that there was previous dispute between the petitioner and said Ram Datt Rai whose hut has allegedly been set on fire by the petitioner, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJMIV, Saran at Chapra in connection with Dariyapur P.S.Case No. 95 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T