IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14269 of 2010 1. Yogendra Sah, son of Late Gobind Sah 2. Mangal Sah, son of Late Gobind Sah 3. Jangal Sah, son of Late Gobind Sah 4. Ram Bilash Sah, son of Late Gobind Sah 5. Fudi Lal Sah, son of Late Gobind Sah 6. Arjun Sah, son of Late Gobind Sah 7. Naresh Sah, son of Mangal Sah 8. Sharwan Sah @ Sharwan Kumar Sah, son of Yogendra Sah. 9. Nageshwar Sah @ Halfu Sah, son of Babuji Sah 10. Ganeshi Sah, son of Late Bhinak Sah 11. Ram Charitra Sah, son of Bilat Sah 12. Bilash Sah, son of Bilat Sah 13. Jawahar Sah, son of Late Bino Sah @ Bindeshwari Sah 14. Ganesh Sah, son of Bhumi Sah 15. Ram Deo Sah, son of Late Dukha Sah. All are resident of Village- Nariyar Tola Parsaha, Police Station and District-Saharsa. ……..Petitioners. Versus The State of Bihar ………………………….Opposite Party. For the petitioners :- Mr. Pramod Mishra, Advocate. For the State :- Mr. Narsing Tanti, A.P.P. ----------- 2. 21. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 436 and 307 and some other allied offences of the Indian Penal Code, accused persons are alleged to have surrounded the house of the informant and his brother. There is specific allegation that Petitioner No. 1, Yogendra Sah, Petitioner No. 10, Ganeshi Sah and Petitioner No. 12, Bilash Sah were having gallon of kerosene oil and petrol in their hands and they are alleged to have started sprinkling the same over the thatched house of the informant and his brother. Thereafter, on the order of Petitioner No. 1, all the accused persons are said to have set fire on the thatched house of the informant and his brother. From perusal of the F.I.R. vide Annexure-1, it appears 2 that there is some specific role assigned against Petitioner Nos. 1, 2, 10 and 12, namely, Yogendra Sah, Mangal Sah, Ganeshi Sah, Bilash Sah, but apparently no body from the side of the prosecution has sustained injury on their person. It is submitted that a title suit and some other criminal litigations are also pending between the parties and, therefore, for putting pressure upon the accused persons, the present case has been lodged with all false and baseless allegations against the petitioners. In view of fact that there is some specific allegations in the F.I.R. vide Annexure-1 against Petitioner Nos. 1, 2, 10 and 12, for committing the crime in question,hence, prayer for anticipatory bail made on behalf of Petitioner Nos. 1,2, 10 and 12 is rejected. They must surrender in the court below in connection with Saharsa Sadar P.S. Case No. 10 of 2008, within a period of four weeks from today and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. However, so far, Petitioner Nos. 3 to 9, 11 and 13 to 15 are concerned, they are said to be only members of the mob, and therefore, in the event of their arrest/surrender in the court below in connection with Saharsa Sadar P.S. Case No. 10 of 2008, within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten 3 thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)