IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35717 of 2008 1. RAMVINAY KUMAR Son of Ghogho Kunwar, resident of Village Birpur, Tola Nayagaon, P.S. Parbatta, District Khagaria 2. SHAILESH SINGH @ SHAILENDRA KUMAR Son of Late Chakravarti Singh, Resident of Village Satkhutti, P.S. Parbatta, District Khagaria -----------------Petitioners Versus The State of Bihar ----------------Opposite Party ------- 2. 22.10.2008 Heard the learned counsel for the petitioner and the State. The petitioners are apprehending their arrest in connection with Parbatta P.S. Case No.21/2005 for the alleged offences registered under sections 147, 148, 379, 435, 429, 504 and 506 of the Indian Penal Code. The allegation against the petitioners is that they were the members of the mob, who set the office on fire. It is further alleged that the same was set on fire under the leadership of petitioner no.1. Learned counsel for the petitioners submits that as a matter of fact, the room was burnt on account of leakage of the gas and not setting it on fire by the accused persons as alleged. The learned counsel appearing for the State opposes the prayer for bail. However, he submits that the petitioners were the members of the mob. There is specific allegation against petitioner no.1 that he was carrying the firearms and he lit the fire in the office. Considering the facts and circumstances, it is directed 2 that the petitioner no.2 Shailesh Singh @ Shailendra Kumar, in the event of his arrest or surrender in connection with Parbatta P.S. Case No.21/2005 within a period of four weeks from today, be enlarged 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 Chief Judicial Magistrate, Khagaria, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. However, considering the submissions of the parties and the allegations made in the F.I.R, I am not inclined to allow the prayer for bail made on behalf of petitioner no.1 Ramvinay Kumar. This application as against him is, accordingly, dismissed. PNM (Shailesh Kumar Sinha, J.)