IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24528 of 2010 BIKARMA MALLAH & ORS Versus STATE OF BIHAR ----------- 3 04.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. Allegedly, petitioners set the informant’s hut on fire in the night of 04.05.2010 for which Brahmpur (Krishna Brahm) P.S. Case No. 149 of 2010 was instituted on 06.05.2010 i.e. after one day of the alleged occurrence. Perusal of the case diary reveals that no sign of burn was found on the place of occurrence in course of investigation. Furthermore, some independent witnesses have not stated the name of petitioners before the concerned I.O. Annexure-3 reveals that prior to institution of the instant case, petitioner No. 1 had given a written report before the Surpanch, Rehiyan mentioning this fact that informant of this case had committed theft of pumping machine of petitioner No. 1 for which he was fined Rs 4,000/- Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioners, namely, Bikarma Mallah, Sri Pati Mallah and Ramashish Mallah shall be released on bail on 2 furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Brahmpur (Krishna Brahm) P.S. Case No. 149 of 2010 to the satisfaction of Chief Judicial Magistrate, Buxar subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)