Shailendra Kumar @ Shailesh Kumar @ Shailendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65818 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== SHAILENDRA KUMAR @ SHAILESH KUMAR @ SHAILENDRA PRASAD Son of Jayram Prasad Resident of Village - Deuriya, P.S.- Maharajganj, Dist.- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate.

For the Informant : Mr. Ajay Kumar Pandey, Advocate. Ms. Sanjana, Advocate.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 427 & 436/34 of the Indian Penal Code.

Petitioner along with other accused persons is said to have pored petrol and set ablaze the shop of the informant and others.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.65818 of 2019(3) dt.04-03-2020 2/2 specific rather general and omnibus in nature. There is no eye witness of the occurrence. He has no criminal antecedent. Similarly situated co-accused, namely, Hiro Prasad has been enlarged on bail by a co-ordinate bench of this court vide order dated 23.05.2019 passed in Cr. Misc. No. 34062 of 2019. Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Siwan in connection with Maharajganj P.S. Case No. 105 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T