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Patna High CourtCR. MISC./61073/2022bail granted

Munu Singh @Jhunnu Singh @ Munnu Singh v. The State Of Bihar

2023-04-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61073 of 2022 Arising Out of PS. Case No.-361 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Munu Singh @Jhunnu Singh @ Munnu Singh, Son of Late Ram Rekh Singh R/V- Barharwa, P.S- Dhaka, Dist- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard Mr. Binay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 361 of 2022, registered under Sections 436 and 307/34 of the Indian Penal Code. The prosecution case, in brief, is that on 18.06.2022, in the night, the accused persons named in the F.I.R. poured kerosene oil on the bed of the informant and had tried to set the home on fire.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not involved in setting the house of the informant on fire. The incident took place in mid of the night and there is every chance that accidental the house caught fire causing certain portion of the house of the

Patna High Court CR. MISC. No.61073 of 2022(2) dt.29-04-2023 2/2 informant burnt.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. He further submitted that informant is the eye-witness of the occurrence. Having heard the rival submission of the parties the allegation against the petitioner is that in the mid night he sets the house of the informant on fire. However, from perusal of the F.I.R. it appears that the informant or any family members, who were present in the house, had not resisted the illegal act of the petitioner, which creates doubt.

Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sikrahna at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 361 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Purnendu Singh, J) manish/- U T