Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19790 of 2012 ====================================================== 1. Binda Rai, Son of Nebilal Rai. 2. Birchandra Rai, Son of Binda Rai. 3. Subodh Rai, Son of Binda Rai. 4. Dharmendra Rai, Son of Ramyad Rai. All residents of Village- Kathauliya, P. S. Bidupur, District-Vaishali.. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 18-07-2012 Heard learned counsels for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. It is alleged against petitioner no.1 that on his order, petitioner no.2 fired causing injury on the left hand of the informant whereas it is alleged against petitioner nos. 3 and 4 that they sprinkled kerosene oil when Ashok Rai and Madan Mohan Rai put the house of the informant on fire. Considering the specific accusation against petitioner no.2 of causing fire arm injury, this Court is not inclined to grant anticipatory bail to him. Patna High Court Cr.Misc. No.19790 of 2012 (3) dt.18-07-2012 2 / 2 2 His prayer for anticipatory bail application is disposed off. Let the learned court below consider prayer for regular bail of petitioner no.2 keeping in view that the injuries have been found to be simple if petitioner no. 2 surrenders within a period of six weeks from the date of receipt of copy of this order. Considering the nature of accusation against petitioner nos. 1, 3 and 4, let them except petitioner no. 2 be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Bidupur P.S. Case No. 45 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let the order be faxed to the learned court below at the cost of petitioners. U.K./- (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.