Suman Soni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75638 of 2018 Arising Out of PS. Case No.-255 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Suman Soni 2.

Surendra Prasad @ Surendra Prasad Soni, Both Sons of Shiv Narayan Pd. Soni. 3.

Alok Soni, 4.

Abhishek Soni, Both sons of Suman Soni, All resident of Village- Purani Bazar, P.S. Ramnagar, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 436, 427, 506 and 34 of the I.P.C.

The prosecution case as per the written report of Bhuneshwar Agrawal submitted to the S.H.O., Ramnagar P.S. is to the effect that on 09.08.2018 at about 08.30 P.M., the informant closed his cloth-shop and went to his house and at 03.32 A.M., the informant was informed by one Md. Meraj that fire has ignited in the shop of the informant. Whereupon, the informant reached at his shop and found that clothes worth Rs.12 lacs has got burnt. The suspicion was raised against the petitioners since the petitioners had threatened the informant for

Patna High Court Cr.Misc. No.75638 of 2018(2) dt.16-01-2019 2/3 a dispute with regard to construction of a PCC road. It is submitted by the learned counsel for the petitioners that only on the basis of suspicion, the accusation has been levelled against the petitioners and there is no eye witness to the occurrence. A statement has been made in paragraph no.3 of the petition that petitioner nos. 3 and 4 are having no criminal antecedent. So far as petitioner nos. 1 and 2 are concerned, they are made accused in two other cases being Ramnagar P.S. Case Nos. 200 of 2018 and 206 of 2018, in those cases, they are on bail. However, no statement to that effect has been made in the petition.

It is submitted by the learned APP for the State that the petitioners threatened the informant, hence there is strong evidence against the petitioners.

Considering the fact that only on the basis of suspicion the accusation has been levelled against the petitioners, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bonds of Rs. 10,000/- (ten thousand), each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bagaha, West Champaran in connection with Ramnagar P.S.

Patna High Court Cr.Misc. No.75638 of 2018(2) dt.16-01-2019 3/3 Case No. 255 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T