Case Facts:
Patna High Court Cr.Misc. No.5115 of 2012 (2) dt.22-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5115 of 2012 ====================================================== Nandjee Singh & Anr .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.7547 of 2012 ====================================================== Budhan Singh .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-02-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 25(1-C) (3)(4)(5)/30 of the Arms Act. It is alleged that on the eve of Bihar Assembly Election and Gram Panchayat Election, a general notice was published in the daily newspaper whereby licensee of the arms were directed to deposit their respective arms before the Officer-in- charge of their respective police stations but in spite of publication of notice, the petitioners did not deposit their arms for verification and thereby Patna High Court Cr.Misc. No.5115 of 2012 (2) dt.22-02-2012 they disobeyed the terms of license and, therefore, the petitioners’ licenses were revoked and First Information Report was registered. It is submitted by learned counsel for the petitioners Nandjee Singh and Suresh Singh that Nandjee Singh was a constable and Suresh Singh was military personnel and they could not receive notice whereas it is submitted by learned counsel for the petitioner Budhan Singh that he was outside the State at the relevant time hence he could not receive notice. Petitioners undertake to deposit their arms before the appropriate authority under the orders of the District Arms Magistrate within a period of one month. Let the petitioners, Nandjee Singh, Suresh Singh and Budhan Singh be released on provisional anticipatory bail for three months in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Tiar P.S. Case No. 13 of 2011 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. Bhojpur at Ara, subject to the conditions as laid down under Patna High Court Cr.Misc. No.5115 of 2012 (2) dt.22-02-2012 Section 438(2) of the Code of Criminal Procedure. The provisional bail of the petitioners will be confirmed by the learned court below when the arms will be deposited by the petitioners. U.K./- (Dinesh Kumar Singh, 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.