IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37980 of 2010 CHANDAN SINGH & ANR Versus STATE OF BIHAR ----------- 2 12.10.2010 Heard learned counsels for the parties. The petitioners are languishing in custody since 15.9.2010 in a case registered under sections 341,323,435 and 436 /34 of I.P.C. It is alleged that on 5.4.2010 the crop of the informant was put on fire by the co-accused Pintu Singh alongwith Chandan Singh and Ajay Singh (petitioners) but the matter was compromised. Subsequently, on 8.4.2010 Khop (storage of folder made of bamboo) and Marai(hut) of the informant were put on fire. It was suspected by the informant that the same accused persons might have put the hut on fire. It is submitted on behalf of the petitioners that so far first part of the occurrence is concerned the informant did not file any case.The alleged occurrence does not come within the ambit of section 436 I.P.C. and at best the allegation constitutes offence under section 435 I.P.C. which is bailable 2 as it is not alleged that hut was inhabitable. It is further submitted that the occurrence has not been seen by any one and the petitioners have been falsely implicated on account of enmity between the parties. Considering the aforesaid facts and circumstances of the case, let the petitioners no.1. Chandan Singh and 2. Ajay Singh, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Buxar, in Itarhi P.S.Case No.46/10. Anilkr.sinha (Dinesh Kumar Singh,J.)