IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71302 of 2024 Arising Out of PS. Case No.-287 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1. Rajendra Bhagat S/o Late Ramchandra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali 2. Chandan Bhagat @ Chandan Kumar S/o Rajendra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali 3. Kundan Bhat @ Kundan Kumar @ Kundan Bhagat S/o Rajendra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali 4. Mithilesh Bhagat @ Mithilesh Kumar S/o Rajendra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali 5. Ravi Bhagat @ Ravi Kumar S/o Late Devendra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali 6. Mintu Bhagat @ Muntun Kumar S/o Late Devendra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali 7. Munilal Bhagat @ Monu Kumar S/o Late Devendra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali 8. Kaju Bhagat @ Prince Kumar S/o Late Devendra Bhagat R/o vill - Goshpur Chowk Me Jaye, P.S. - Mahua, Distt. - Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 10-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 436, 506/34 of the I.P.C. 3. As per FIR, it is alleged that on the alleged date of occurrence when the informant was in deep sleep, he saw smoke Patna High Court CR. MISC. No.71302 of 2024(3) dt.10-02-2025 2/3 of fire was billowing from his house. It is further alleged that due to certain land dispute, petitioners are said to have set the informant’s house on fire in which several article was burnt. 4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. He further submits that from the perusal of the FIR, it will appears that the informant is not the eye-witness of the case and petitioners have been implicated in this false and fabricated case. It is further submitted that no such occurrence took place as alleged in the written statement, after bare reading of the prosecution story it appears that the petitioners have been implicated in this case only on the basis of suspicion and surmises, no plausible evidences is there to implicate them. It is further submitted that due to village politics this case has been filed to teach them a lesson, because the informant is a rich person and on the influence of his wealth they have been dragged in this false case. It is also submitted that there is case and counter case between the parties. As per FIR itself, there was earlier dispute regarding boundary of the wall between the parties. Mahua P.S. Case No. 320 of 2024 was got registered by Jitendra Kumar, cousin brother of the petitioner no.1 who has Patna High Court CR. MISC. No.71302 of 2024(3) dt.10-02-2025 3/3 filed the case against the Surendra Bhagat and Ravi Prakash Bhagat and one other. As per case diary, there is no eye witness of the alleged occurrence of setting the house of the informant on fire. In FIR itself, informant has not mentioned that who set the room of informant on fire. 5. Learned APP for the State opposed the prayer for bail. 6. Having regard to the facts and circumstances of the case, and considering the previous dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali in connection with Mahua P.S. Case No.287 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. priyanka/- (S. B. Pd. Singh, J) U T