IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2074 of 2009 1. BIJAY YADAV, SON OF LATE BISHUN YADAV, RESIDENT OF VILLAGE – YOGNI, P.S – MOHANPUR, DISTT. – GAYA. 2. ARUN YADAV, SON OF BALDEO YADAV, RESIDENT OF VILLAGE KENDUARI, P.S. – MOHANPUR, DISTT. – GAYA. 3. SURESH YADAV, SON OF JHABOLI YADAV, RESIDENT OF VILLAGE – BELA, P.S. – MOHANPUR, DISTT. – GAYA. 4. BHIM PRASAD YADAV, SON OF JALLU YADAV, RESIDENT OF VILLAGE – JOGNI, P.S. – MOHANPUR, DISTRICT – GAYA 5. AMIRAK YADAV, SON OF LATE AKLU YADAV, RESIDENT OF VILLAGE CHITRA BISHRAMA, P.S. – MOHANPUR, DISTRICT- GAYA ............................ PETITIONERS Versus THE STATE OF BIHAR ............. OPP. PARTY ----------- 4 11.05.2009 Heard. The petitioner apprehends his arrest in Barachatti P.S. Case No. 125 of 2005 under Sections 147, 148, 149, 307, 435, 427, 457 and 380 of the Indian Penal Code. The FIR was lodged against unknown with the allegation that 7 – 8 unknown criminals set the tractor on fire. and burnt it while he was being plied for agriculture work. Learned counsel for the petitioner submits that the FIR was lodged against unknown. In the bail rejection order of the learned Sessions Judge it is mentioned that one Vijay Paswan, who was also present at the spot and who had been assaulted by the criminals had been sent to hospital from the spot and subsequently he disclosed the name before the I.O. stating that the petitioners were amongst the criminals, who had set the tractor on fire. Learned counsel for the petitioner submits that the Sukar Paswan the owner of the tractor has lodged the case falsely. It is also submitted that Sukar Paswan himself is accused in several other cases. - 2 - Be that as it may, but in view of the specific statement of Vijay Paswan, who named the petitioners, amongst those who set the tractor on fire, I do not find any material to grant anticipatory bail to the petitioners. It is, accordingly, rejected. Kundan (C. M. Prasad, J.)