Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36820 of 2012 ====================================================== Madan Upadhyay, son of Late Babunand Upadhyay, resident of village- Jasauli Jamuniya, P.S. Kotwa, District East Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 19-09-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This is an application for grant of bail to the accused- petitioner for the offence punishable under [STATUTE] . Allegation against the petitioner and others is to have set fire in the hut of the informant causing destruction of households and wheat due to enmity. It is submitted that the petitioner is a neighbour of the informant. Fire has not been set by the accused. Only due to enmity he has been falsely implicated in this case. It is alleged that occurrence has taken place on 12 O’clock on 30.5.2012 whereas the information was given to the police on 31.5.2012 at 6 pm. The petitioner has no criminal antecedent. Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer. Patna High Court Cr.Misc. No.36820 of 2012 (2) dt.19-09-2012 2 Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in Kotwa P. S. Case No.144 of 2012 with following conditions:- (i) The petitioner will not indulge himself in similar or any other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned. Kanchan/- (Amaresh Kumar Lal, 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.