Praveen Sah @ Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59618 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== 1.
Praveen Sah @ Praveen Kumar, Son of Anandi Sah 2.
Bablu Sah, Son of Ranjeet Sah Both Residents of Village- Jaimra (Zamira), Police Station- Barauni, District- Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Jha For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-01-2020 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in this case are seeking anticipatory bail in connection with Barauni P.S. Case No.145 of 2019 registered for the offences punishable under Sections 341, 323, 436, 307, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that although the allegations against these petitioners are that they had poured the kerosene oil and had burnt the house of the informant while he was sleeping, but in course of investigation when the I.O. went there he did not find any burnt article due to burning by kerosene oil and it has come in the case diary that
Patna High Court CR. MISC. No.59618 of 2019(4) dt.24-01-2020 2/3 both the parties are said to have dispute over a piece of land near railway station and that the injuries noted are superficial burn injuries due to dry heat.
Learned APP for the State after going thorough the case diary has submitted that the I.O. visited the place of occurrence six days after the alleged occurrence and further that the injuries are noted to be superficial burn injuries due to dry heat.
Considering the facts and circumstances of the case wherein both the parties are said to have dispute over a piece of land and the I.O. has not collected any article showing to have been burnt by kerosene oil and the injuries are said to be simple and superficial due to dry heat, let the petitioners in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No.145 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when
Patna High Court CR. MISC. No.59618 of 2019(4) dt.24-01-2020 3/3 required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T