IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21891 of 2011 1. Sanjay Pandey, s/o Late Siya Ram Pandey 2. Shambhu Nath Pandey s/o Late Baliram Pandey Versus The State Of Bihar ----------- 2. 15.07.2011 This petition has been filed for grant of anticipatory bail to the petitioners who apprehend their arrest for an offence under Section 436/34 I.P.C. in connection with Pirpainty P.S. Case No. 42/2011. According to the First Information Report which has been lodged on the written report of one Sonu Kumar Pandey being the agnate of the petitioner, it has been alleged that the petitioner along with two other persons set fire to the weed-hut, damaging the bedding, potato, onion, wheat etc, kept in a separate ‘dalan’ of the informant. Learned counsel for the petitioners submits that a bare perusal of the First Information Report will show that the incident/occurrence narrated therein is improbable even prima facie, considering the time of occurrence being 2.00 p.m. during the day and it is hardly believable that the informant would have patiently waited till the fire was set to the weed hut which went up in flames, before sounding the alarm. Learned counsel for the petitioners states that in the past, there have been family disputes and differences, as evident from the several ongoing cases, details of which have been annexed in the petition. He further submits that the petitioners have no criminal antecedents. On the other hand, Mr. Dashrath Mehta, learned APP invites attention to the impugned order dated 10.6.2011 passed by the learned Sessions Judge, wherein note has been taken of the case diary which in turn contains averments about the burnt articles having been found, thus supporting the prosecution version. Having heard the parties and seen the materials on record, this court is of the opinion that the petitioners deserves the benefit of anticipatory bail. In the event of arrest or surrender within three months from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Pirpainty P.S. Case No. 42/2011, subject to the condition laid down under Section 438(2) Cr.P.C. Fahad. ( Vikash Jain, J. )