Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84933 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- JOKIHAT District- Araria ====================================================== FIROZ, aged about 45 years, Male, Son of Tahir, Resident of Village - Bagdahra, Ward No-9, P.S.- Jokihat, District.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, (APP) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, apprehends his arrest registered for the offences punishable under Sections 435, 436, 427, 506 of the Indian Penal Code.

Informant has alleged that on 28.03.2019 at about 7:30 P.M., all three brothers had gone to Masjid for Nawaj where they heard that in the premises where thresher, motor cycle, pumping set, cattles etc were tied was set on fire and he raise suspicion against the petitioner

Patna High Court CR. MISC. No.84933 of 2019(2) dt.20-12-2019 2/3 and other FIR named accused due to land dispute have set the said premises on fire causing loss of Rs. 20 lacs. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to enmity and land dispute. It was an accidental fire and petitioner is not responsible for the same. The said premises is not residential house as such Section 436 of I.P.C. is not attracted. The I.O. during course of investigation had not collected any burnt material at the place of occurrence where fire took place. Present case has been filed as a counter blast of case instituted by the side of petitioner against the informant. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on pre-arrest bail on furnishing bail bond of Rs. 20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 123 of 2019, subject to the condition as laid

Patna High Court CR. MISC. No.84933 of 2019(2) dt.20-12-2019 3/3 down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) Rajiv/- U T