Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16894 of 2012 ====================================================== Md. Shahabuddin, Son of S M Habibullah, R/o Pratappur, P.S. Hussainganj, District Siwan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 09-05-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody since 15.11.2011, seeks bail in a case initially, registered only under [STATUTE] read with Section 52 of Prisoners Act, 1894, but on submission of charge-sheet also under Sections 420, 468, 471 and 120(B) of the Indian Penal Code, cognizance has been taken for all such offences, is solitary named accused in this case on recovery of mobile phone, charger and some cash during search inside the prison, wherein, he is one of the prisoner as under trial as well convict serving for life. Submission is of false implication and even if the offences as alleged against him are true, he has already suffered imprisonment nearing the sentence prescribed under the law. Having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class -cum- Special Judicial Magistrate, Siwan, in connection with Tr. No. 30/2012 arising out of Siwan Mofussil P.S. Case No. 333/2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.