IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35624 of 2008 NAGENDRA PRASAD Versus STATE OF BIHAR ----------- 3/ 14.01.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case which has been registered under Sections 286, 326, 427 and 307 of the Indian Penal Code and Section 3/5 of the Explosive Substance Act. The petitioner is sole named accused of the case which has been registered on the basis of fardbeyan of a constable. Allegation is that a shop belonging to the petitioner caught fire and which lead to some explosion. Some persons were injured. Submission is that no offence under Sections 307, 326 and 427 of the Indian Penal Code is made out against the petitioner. The explosion was after water was poured by fire extinguisher. At best the case comes under Section 286 of the Indian Penal Code for which maximum punishment is up to six months. Considering the facts and circumstances of the case, the petitioner Nagendra Prasad is directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy - 2 - of this order and on his so surrendering he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Kuchaikot P.S. Case No. 98/2008/G.R. No. 1369 of 2008, subject to the condition as laid down under Section 438 (2) of the Cr. P.C. kksinha/ (Shyam Kishore Sharma, J.)