Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80310 of 2023 Arising Out of PS. Case No.-258 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== 1.

PRABHAT KUMAR SON OF CHANDRIKA SAH RESIDENT OF VILLAGE - DHOBAULIYA, WARD NO.01, P.S. - CHAKIYA, DISTRICT - EAST CHAMPARAN 2.

CHANDRIKA SAH SON OF YOGENDRA SAH RESIDENT OF VILLAGE - DHOBAULIYA, WARD NO.01, P.S. - CHAKIYA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 435 , 436, 447 and 34 of the Indian Penal Code .

3. As per the prosecution case , all the FIR named accused persons including these petitioners set ablaze the hut of the informant after sprinkling petrol due to which articles and goods of the informant got perished. It is further alleged that accused persons also threatened the informant with dire consequences.

4. It is submitted on behalf of the petitioners that these

Patna High Court CR. MISC. No.80310 of 2023(3) dt.19-03-2024 2/2 petitioners have falsely been implicated in this only on the basis of suspicion and due to pending land dispute between the parties. Informant is not an eye witness of the case. No burnt articles as alleged has been recovered as mentioned in the FIR. Except suspicion, there is no other materials is available on the record to prove that the petitioners are indulged in the alleged occurrence.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , East Champaran , Motihari in connection with Chakiya P.S. Case No. 258 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T