IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8188 of 2009 1. BODH NARAYAN DAS @ BECHU son of late Goving Das 2. Gurusevak Das @ Sevak Das son of Bechu Das 3. Sunil Das @ Pradeep Das, son of Shukhdeo Das 4. Upendra Das, son of Shukhdeo Das 5. Prakash Das, son of late Gurahi Das All are resident of village- Karmapur, P.S. Jagdishpur, District- Bhagalpur.-------- Petitioners Versus STATE OF BIHAR---- Opposite Party ----------- 2 5.3.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners apprehend their arrest in a case under Sections 448, 504, 436/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners and the informant are agnates and there is a series of cases pending between them including Title Suit No. 450 of 2008. It is further submitted that the allegation is that some of the accused persons went behind the house and set fire in the Varanda which was made out of bamboo and ‘Taar’ leaves. Learned counsel submits that even if the case of the informant is to be accepted then the dwelling house has not been set on fire rather the ‘Gohal’ has been set on fire 2 which does not constitute an offence under Section 436. From the order of the Court below it appears that the Varanda was found burnt. In the circumstances, I am not inclined to grant anticipatory bail to the petitioners. They should surrender in Court in connection with Jagdishpur P.S. Case No. 261 of 2008 and the bail application will be disposed within a period of four weeks after considering the submissions made on behalf of the petitioners without being prejudice by the order of this Court. Sanjay (Sheema Ali Khan, J.)