Vijay Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46316 of 2018 Arising Out of PS.Case No. -151 Year- 2018 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vijay Sahani son of Late Aasman Sahani

2. Jawahir Sahani son of Shri Baldev Sahani Both are residents of village - Rajabhar, Police Station - Majhauli, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Majjhaulia P.S.Case No. 151 of 2018, registered for offences punishable under Sections 436/34 of the Indian Penal Code. Allegation against the petitioners is of setting fire to the house of the informant, causing all the household articles, cash money and ornaments are burnt.

Submission of the learned counsel by the petitioners is that the petitioners have falsely been implicated in this case and there is no specific overt act against the petitioners and during investigation it is found that no one put fire in the straw house of the informant rather it was an accidental fire and the petitioners

Patna High Court Cr.Misc. No.46316 of 2018 (2) dt.09-08-2018 2/2 have no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioners is concerned, I am not inclined to grant bail to the petitioners, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioners that if the petitioners surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court and if possible to be disposed of on the same date.

This application is accordingly disposed of.

(Vinod Kumar Sinha, J) Sudha/- U T