IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6166 of 2009 1.GAJENDRA JHA @ GAJENDRA KUMAR JHA S/O RAJENDRA JHA 2 BIRU KUMAR MISHRA S/O BIMAL KUMAR MISHRA. 3. DHIRENDRA JHA @ DHIRAJ KUMAR JHA S/OPARMANAND JHA ( ALL R/O VILL. KHARRAKH, P.S. BHAIRAB ASTHAN, DIST. MADHUBANI. --- PETITIONER Versus STATE OF BIHAR --- OPP. PARTY. ----------- For the petitioner : Mr. Indu Bala Jha, Advocate. 02. 22.04.2009 Heard learned counsel for the petitioners. Nobody appears on behalf of the State. The F.I.R. discloses that on the date of occurrence, petitioners along with others arrived at the house of the informant. At the instigation of petitioner no.1 certain properties were looted by petitioner no.2. Further allegation is that petitioner no.3 along with some other accuseds put the house of the informant on fire. Learned counsel for the petitioners submits that animosity is admitted in the F.I.R. itself. There has been delay in lodging the F.I.R. This court, on perusal of the F.I.R. and impugned order finds that so far as petitioner no.1, namely, Gajendra Jha @ Gajendra Kumar Jha is concerned, there is a general allegation of instigation. The specific allegation of committing theft and put the house on fire are against the petitioner nos.2 and 3, namely, Biru Kumar Mishra and Dhirendra Jha @ Dhiraj Kumar Jha. 2 In the facts and circumstances of the case, this court is persuaded to grant the privilege of anticipatory bail to petitioner no.1, namely, Gajendra Jha @ Gajendra Kumar Jha. In the event of his arrest or surrender within a period of four weeks from today before the court below, petitioner no.1 is directed to 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 the A.C.J.M. Jhanjharpur in connection with Jhanjharpur P.S. Case No. 162 of 2008, G.R.No. 1330 of 2008, subject to the conditions as laid down uneder Section 438(2) of the Code of Criminal Procedure Code. So far as petitioner nos.2 and 3, namely, Biru Kumar Mishra and Dhirendra Jha @ Dhiraj Kumar Jha are concerned, as prayed for, their application for anticipatory bail is permitted to be withdrawn. Petitioner nos. 2 and 3 shall have liberty to surrender in the court below and apply for regular bail, which shall be considered and disposed of on their own merit without being prejudiced by the present order passed by this court. Sym/ (Kishore K. Mandal, J.)