Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1149 of 2012 ====================================================== 1. Bhikhari Singh 2. Dhanji Singh 3. Akshay Lal Singh .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 16-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under [STATUTE] and Section 3(I) (X) and 3(2) (IV) of the SC/ST (Prevention of Atrocities) Act. The accusations are of making assault and liting the fire into the hutment. It is submitted by learned counsel for the petitioners that the accusation is general in nature against all the accused persons and it has not been alleged in the F.I.R. that any destruction was actually made due to burning of the hutment, moreover, the informant has retracted from his initial version in view of the fact that both sides are claiming the same land in question. Considering the retracted version of the informant which clouds the bona fide of the accusation, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bikramganj in connection with Dinara P.S. Case No. 207/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 436

Statute Text:
Section 436 of the Indian Penal Code. Mischief by fire or explosive substance with intent to destroy house etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.