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Patna High CourtCR. MISC./27902/2015bail granted

Lakari Paswan v. The State Of Bihar

2015-07-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27902 of 2015 Arising Out of PS.Case No. -112 Year- 2014 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Lakari Paswan Son of Kailu Paswan Resident of village - Khajuri, P.S. Kalyanpur, District - Samastipur .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioner is apprehending his arrest in connection with Kalyanpur P.S. Case No. 112 of 2014 for the offences instituted under section 436 of the Indian Penal Code.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the petitioner and other co-accused came at the door of the informant and after sprinkling petrol set on fire in the house of the informant thereby causing damage of different houses. During the course of fire, so many persons became injured and in course of investigation, the witnesses were examined who supported the prosecution version that named accused persons in complaint petition, Harischandra Paswan, Bimlesh Paswan and Lakari Paswan have set on fire in the house of the victim but no where it has been stated by any witness that Udiya Devi also set on fire in the house

Patna High Court Cr.Misc. No.27902 of 2015 (2) dt.22-07-2015 2/2 of victim.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the present case. From perusal of Annexure-2 to this application it appears that the Revenue Department had prepared a list of persons whose houses were burnt due to accidental fire. Said persons were to be given compensation by the Government. The name of the informant appears at serial No. 101.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Kalyanpur P.S. Case No. 112 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Mahesh/- U T