Case Facts:
Patna High Court Cr.Misc. No.27764 of 2012 (3) dt.28-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27764 of 2012 ====================================================== 1. Golden S/O Nasim Khan Resident Of Village- Musafirganj, P.S- Buxar (T), District- Buxar. 2. Kakwa @ Javeer S/O Nasim Khan Resident Of Village- Musafirganj, P.S- Buxar (T), District- Buxar. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28799 of 2012 ====================================================== 1. Bhuku @ Bhuku Yadav S/O Leeljee Yadav R/O Village - Usafirganj, Town & P.S. And District - Buxar .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 28-09-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the informant was assaulted and ten thousand rupees was snatched and subsequently the accused persons put the hutment of the informant on fire. It is submitted that in the background of political rivalry, the accusation has been levelled when specific accusation Patna High Court Cr.Misc. No.27764 of 2012 (3) dt.28-09-2012 of putting fire is against accused Sonu and Sidhu and it has not come during investigation that the hutment was a dwelling house or not. It is submitted by learned counsel for the state that accusation of putting fire is against all the four accused persons. Statement has been made in the petition that the petitioners have no criminal antecedent. In view of this court, this is a case for consideration of regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Buxar (T) P.s. Case no. 188 of 2012 pending in the court of learned C.J.M., Buxar. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioners. Anil/- (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.