Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56201 of 2015 Arising Out of PS.Case No. -229 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Awadhesh Singh S/o Late Sitaram Singh, of Vill.- Deopur Parsa, P.S.- Kalyanpur, Dist.- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Adv. For the Opposite Party/s : Mr. Md. Ashlam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 448, 436, 506 and 504/34 of the IPC.

The prosecution case is that the petitioner borrowed 1500 bricks from the informant but he refused to return the same and on demand being made, the accused persons set the house of the informant on fire.

It is submitted by learned counsel for the petitioner that the petitioner and informant were on litigating terms from before and there is nothing on record to suggest that the house of the informant was put on fire.

Considering the nature of accusation, let the above named petitioner be released on provisional anticipatory bail for

Patna High Court Cr.Misc. No.56201 of 2015 (2) dt.10-12-2015 2/2 three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 229 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below conduct an enquiry and if it is found that the house of the informant was not set on fire at all then the provisional bail of the petitioner will be confirmed but if the learned court below comes to the conclusion otherwise, then the petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Amrendra/- U T