Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39653 of 2012 ====================================================== 1. Md. Chand Alam @ Md. Chand S/O Md. Israil R/O Village Bariyahi Bazar, P.S. Bangaon, District Saharsa. 2. Md. Sahjada S/O Md. Irtuzza R/O Village Bariyahi Bazar, P.S. Bangaon, District Saharsa. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-10-2012 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] . It is alleged that one person got accidental injury in front of P.H.C. Bariyahi, when the injured was brought to P.H.C. first for treatment but due to serious condition of the injured he was referred to Saharsa Sadar hospital when 300 people entered into P.H.C. hospital and damaged the equipments of the hospital and government property. An F.I.R. was registered by the Medical Officer of the hospital against 300 unknown persons. Petitioner was identified by the Chaukidar. It is submitted that accusation is omnibus Patna High Court Cr.Misc. No.39653 of 2012 (2) dt.18-10-2012 2 / 2 2 and general against the mob. The statement has been made in paragraph no. 13 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, 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 Bangaon P.S. Case No.04 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 J.M. Ist Class, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure The bail bonds of the petitioners shall be accepted on affidavit being filed before the learned court below that the petitioners will co-operate in investigation and the said affidavit shall be transmitted by the learned court below to the concerned Investigating Officer of the present case. Non co-operation in investigation by the petitioners will give liberty to the prosecution to file an application for cancellation of bail of petitioners. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 435

Statute Text:
Section 435 of the Indian Penal Code. Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards. Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.