Case Facts:
Patna High Court Cr.Misc. No.13375 of 2012 (2) dt.30-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13375 of 2012 ====================================================== 1. Parashuram Patel son of Daroga Patel, Village Karmawa, P.S.Sugauli, District East Champaran 2. Munna Mishra, son of Laxmi Kant Mishra, village Panan, Mahuawa, P.S.Kataiya, District Gopalganj. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Pandey For the Opposite Party/s : Mr. J.K.Singh No.1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 30-03-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are in custody since 04.01.2012 in connection with alleged offences registered under [STATUTE] , 42 of the Prisoners Act and 17 of C.L.A.Act in connection with Motihari (Town) P.S.Case No. 463 of 2011 pending before the learned Chief Judicial Magistrate, East Champaran at Motihari. 3. According to the learned counsel for the petitioners even in the FIR there is no averment whatsoever that the mobile phone recovered from them was stolen and as such the offence under [STATUTE] is not made out. 4. Considering the above facts let the petitioners, Parashuram Patel and Munna Mishra be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in Motihari (Town) Patna High Court Cr.Misc. No.13375 of 2012 (2) dt.30-03-2012 P.S. Case No. 463 of 2011. 5. As prayed, learned counsel for the petitioner is permitted to make spelling correction in the address of the petitioner no. 2 with regard to village and Police Station. Chandran (Vikash Jain, J)

Applicable IPC Section: 188

Statute Text:
Section 188 of the Indian Penal Code. Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.