Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21372 of 2012 ====================================================== 1. Md. Firoz S/o Md. Idrish Resident Of Mohalla- Khodanagar, Ward No.- 14, P.S.- Chhatauni, District- East Champaran. 2. Md. Rahman S/o Md. Shaan, Resident of Village- Batrauliya, P.S.- Motihari Muffasil, District- East Champaran. .... .... Petitioners Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-06-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case instituted under [STATUTE] . It is stated that all the offences, save and except the offence under [STATUTE] are bailable in nature and the provisions of [STATUTE] are not applicable in the facts and circumstances of the case, because neither the vehicle in question nor the cattle were stolen. The petitioner happens to be the owner of the pick up van in question. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let above named petitioners, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand Patna High Court Cr.Misc. No.21372 of 2012 (2) dt.11-06-2012 2 / 2 2 only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 137 of 2012 subject to the condition as laid down under Section 438(2) Cr. P.C. and also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 428

Statute Text:
Section 428 of the Indian Penal Code. Mischief by killing, poisoning, maiming or rendering useless any animal of the value of 10 rupees or upwards. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of the value of the ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.