IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9255 of 2011 HARENDRA RAI AND ANR. Versus THE STATE OF BIHAR ----------- 04. 22.06.2011 Petitioners are apprehending their arrest in a case registered under Sections 436, 324, 307, 427/34 of the I.P.C. Learned counsel for the petitioner seeks permission to withdraw the application with regard to petitioner No. 1 namely Harendra Rai, since petitioner No. 1 has been arrested. Permission is accorded. The application is dismissed as withdrawn with regard to petitioner No. 1. The accusation is of putting the house of the informant on fire as a result of which two children sustained injury and the article worth Rs. 25,000/- were burnt. It is submitted by learned counsel for the petitioners that due to previous enmity the petitioners have been implicated which gets reflected from the statement of the own brother of the informant which is recorded in para 34 of the case diary to the effect that when he asked the informant about seeing the accused persons fleeing away from the place of occurrence he 2 admitted that he could not see any one fleeing away rather he was conveyed by his elder brother who has not been examined. It is admitted fact that none have seen any one putting the house on fire. Only suspicion has been raised since some of the witnesses saw the accused persons fleeing away from the place of the occurrence though the informant himself admitted that petitioners earlier gave threatening to the informant. Considering the suspicious nature of accusation, let the petitioner namely Harinath Rai, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 50 of 2010. Shageer ( Dinesh Kumar Singh, J)