IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18097 of 2010
1. BRIJ KISHORE RAI
2. Birendra Rajbhar
3. Mahendra Rajbhar
4. Baijnath Rajbhar
5. Surendra Rajbhar
6. Munna Rajbhar
Versus
STATE OF BIHAR
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2. 15.6.2010 Heard learned counsel for the petitioners
and the State.
The defence of the petitioners in a Police
case under Sections 435 and 436/34 of the Penal
Code is that there has been no fire at the house of the
informant when there is otherwise a case and counter
case between them on account of the land dispute.
In view of the specific assertion in the F.I.R.
that the petitioners set fire to the house of the
informant, this Court is not persuaded to grant the
privilege of anticipatory bail.
The application is rejected.
In any application for regular bail, the Court
below is obliged to consider from the case diary if sign
of any fire have been found at the house of the
informant and in that light decide the prayer for
regular bail, without being prejudiced by the present
order.
P. Kumar ( Navin Sinha, J.)