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Patna High CourtCR. MISC./72560/2018bail granted

Satyendra Bin And ORS v. The State Of Bihar

2018-12-17Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72560 of 2018 Arising Out of PS. Case No.-309 Year-2018 Thana- MANJHAGARH District- Gopalganj ======================================================

1. SATYENDRA BIN Son of Nathuni Bin

2. Babunand Bin Son of Nathuni Bin

3. Hirdya Bin Son of Nathuni Bin

4. Balister Bin Son of Nathuni Bin

5. Nathuni Bin Son of Late Sheo Bin, All Resident of VillageBhaisahi,Bin Tola,_P.S.-Manjhagarh,Distt.-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend arrest in connection with Manjhagarh Police Station Case No. 309 of 2018 registered for offences punishable under sections 436, 435/34 of the Indian Penal Code.

As per FIR, five FIR named accused allegedly set the house of the informant on fire.

It has been submitted that both the parties are resident of same place and they are at litigating term for land dispute. The occurrence took place on 02.09.2018 whereas the FIR was lodged after delay of more than one month. Besides that during investigation, some of the witnesses and Investigating Officer found

Patna High Court Cr.Misc. No.72560 of 2018(3) dt.17-12-2018 2/2 Palani of informant burnt which was used for keeping cattle. In this regard, the learned counsel referred the order of learned Sessions Judge passed in A.B.P. No. 1897 of 2018.

Considering the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh Police Station Case No.309 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Sanjay Kumar, J) mkchy/- U T