Jay Shankar Roy @ Laden @ Jata Shankar Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65585 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- CHAKAI District- Jamui ====================================================== Jay Shankar Roy @ Laden @ Jata Shankar Kumar Roy S/O Govind Roy R/O Village- Narodih, P.S- Chakai, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramadit, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chakai P.S. Case No. 98 of 2022 dated 02.05.2022, instituted for the offence punishable under Sections 436 of the Indian Penal Code.

3. The prosecution case, in short, is that, on 01.05.2022, the petitioner poured the kerosene oil from the bottle and put the house of informant on fire due to which two rooms were completely burnt along with furniture and other goods.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is a student aged

Patna High Court CR. MISC. No.65585 of 2023(2) dt.07-11-2023 2/3 about 18 years. It is further submitted that in course of investigation, the investigating officer visited place of occurrence where he found that Gosala portion has been burnt where animals are kept and no any other goods were found burnt which falsify the allegation levelled against the petitioner. It is further submitted that the fire was caught by mistake of informant and taking advantage of same, the petitioner has been falsely implicated. It is further submitted that informant is on inimical terms with the family members of the petitioner due to land dispute. It is further submitted that informant is not an eye witness of the alleged occurrence. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Chakai P.S. Case No. 98 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jamui, subject to condition as laid down under

Patna High Court CR. MISC. No.65585 of 2023(2) dt.07-11-2023 3/3 Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T