IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3804 of 2010 BRIJ MOHAN KUMAR @ BRIJ MOHAN RAI Son of Devendra Rai resident of village Naua Chak, P.S. Patepur, Dist. Vaishali ………Petitioner Versus STATE OF BIHAR ----------- For the petitioner: Shri Suraj Pd. Sinha, Sr. Advocate. For the State : Smt. Indulabala pandey, A.P.P. ----------- 2 2.2.2010 Heard Shri Suraj Pd. Sinha learned senior counsel appearing on behalf of the petitioner and Smt. Indubala Pandey, A.P.P. for the State. Petitioner is apprehending his arrest in connection with Patepur P.S. case No. 7 of 2009 registered under sections 147, 341, 323, 504, 447, 436 of the Indian Penal Code. Shri Sinha learned senior counsel while pressing the anticipatory bail application has argued that except the offence under section 436 all other offences are bailable and a compromise petition was also filed before the court below. However, it is evident from the record that there is specific allegation against the petitioner that he sprinkled K. oil over the house of the informant and the house was burnt in the occurrence. It has further been argued that during the investigation the I.O. has found that no house hold properties were burnt. It has also been submitted that all other accused persons have been granted either anticipatory bail or regular bail in the present case. However, from the order of the learned court below it is also evident that during the investigation several witnesses have supported the prosecution and the I.O. had also found the burnt house of the informant. Keeping in view the facts and circumstances and the specific allegation against the petitioner, I am not inclined to grant anticipatory bail to - 2 - the petitioner. The prayer for anticipatory bail is rejected. (Rakesh Kumar, J) M.Rahman