IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40891 of 2009 TEMPO PASWAN @ SHAMBHU PASWAN, Son of Bansi Paswan, R/o village Bahadurpur, P.S. Nagar , District Samastipur …….. Petitioner Versus THE STATE OF BIHAR ….. Opp. Party For the petitioner: Mr. A.K.Thakur, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ----- 2 4.12.2009 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 436 of the Indian Penal Code. The allegation is that petitioner along with others had set the “bathan” of informant at fire in intoxicated condition after scuffle with the informant, killing his goat. Learned counsel for the petitioner submitted that the ingredients of Section 436 of the Indian Penal Code are not attracted as it is alleged that “bathan” of the informant was set on fire which was not dwelling house of the informant and at best the ingredients of section 435 of the Indian Penal Code are attracted which is a bailable offence. It is stated that petitioner is in custody since 23.8.2009. In the facts and the circumstances of the case, the - 2 - petitioner, TEMPO PASWAN @ SHAMBHU PASWAN, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Samastipur in connection with Sessions Trial No. 626 of 2009 arising out of Samastipur Town P.S. Case No. 177 of 2009. Spd/- (Dr. Ravi Ranjan, J.) -----------