Patna High Court
Jagpreet Singh @ Jagreet SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the anticipatory bail application, subject to bond, surety, and cooperation conditions, with power to cancel if the petitioner fails to cooperate.
Summary
The petitioner, owner of a hotel adjacent to Pal Hotel, sought anticipatory bail after a fire at Pal Hotel resulted in six deaths and alleged negligence under Section 304 IPC. He argued that the fire originated in Pal Hotel due to the chef’s negligence and that his own hotel was not the site of the incident. The State opposed the bail, contending possible involvement. The Court, noting the petitioner’s clean antecedent and the earlier anticipatory bail order in a related case, granted bail on condition of a Rs.25,000 bond, two sureties, and cooperation with the investigation, with power to cancel if cooperation lapses. The order was made under Section 482(2) of the CrPC. The anticipatory bail was thus allowed subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case registered under Section 304 of the Indian Penal Code.
- Whether the alleged fire at the adjacent Pal Hotel can be legally attributed to the petitioner’s negligence.
- Whether the High Court may impose conditions and retain power to cancel bail under Section 482(2) of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 304
Subjects
- anticipatory bail
- Section 304 IPC
- fire safety negligence
- High Court order
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52147 of 2024
Arising Out of PS. Case No.-276 Year-2024 Thana- KOTWALI District- Patna
======================================================
Jagpreet Singh @ Jagreet Singh Son of Lakhpat Singh Gandhi Resident of
304-A, Hariom Apartment, Exhibition Road, P.S.- Gandhi Maidan, District -
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Raj, Advocate
Ms. Eashita Raj, Advocate
Mr. Aditya Raj Singh, Advocate
Mr. Gautam, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-02-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 304 of the
Indian Penal Code.
3. The learned counsel for the petitioner submits
that petitioner is a person with clean antecedent and the
informant alleges that he received a secret information about a
sudden fire that engulfed Pal Hotel on 25.04.2024, accordingly
the informant reached the spot for verification and saw that Pal
Hotel and Amrit Hotel adjacent to Pal Hotel were engulfed in
fire, thereafter fire brigade along with Kotwali police station
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officials also reached and eventually the fire was brought under
control within 2-3 hours, later NDRF and SDRF also arrived, it
is next alleged that almost 30 people who were stuck in the
room of hotel were brought out safely with the help of fire
brigade, few people received burn injuries while being rescued
however, six people died on account of injury suffered by fire, it
is next alleged that both hotel had a very narrow passage for
entry without any alternative passage, it is further alleged that
rules and regulations related to fire safety and health have been
ignored on account of which when the fire broke out none of the
guests could escape as there was absence of alternative passage,
it is also alleged that reason for fire was that the kitchen and
entry gate of Pal Hotel are adjacent to each other, where
refrigerator and AC outlets are located, the chef was cooking
and and due to his negligent act, the kitchen caught fire which
could not be controlled as there was no arrangement to
extinguish the fire.
4. Learned counsel for the petitioner submits that
the owner of Pal Hotel had approached this Court seeking
anticipatory bail by filing Criminal Miscellaneous No. 48962 of
2024 and the same came to be allowed by an order dated
06.02.2026. It is further submitted that hotel of the petitioner is
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adjacent to Pal Hotel and it is not the case of the prosecution
that fire broke out in the hotel of the petitioner rather the fire
broke out at Pal Hotel and the hotel of the petitioner being
adjacent to the same came in spate of fire. It is also submitted
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the order
dated 06.02.2026 in Criminal Miscellaneous No. 48962 of 2024,
the petitioner above-named, in the event of his arrest or
surrender before the learned trial court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Kotwali P.S. Case No. 276 of 2024 subject to
the conditions as laid down under Section 482 (2) of BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
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giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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