Case Facts:
Patna High Court Cr.Misc. No.44384 of 2011 (3) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44384 of 2011 ====================================================== Emamul Hassan, S/o Sk. Suleman, resident of Village- Enarwa, P.S. Mainatard, District- West Champaran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. For the petitioner :- Mr. Gauri Shankar Thakur, Advocate. For the State :- Mr. Sunil Kumar Pandey, A.P.P. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Mainatard P.S. Case No. 42 of 2010 registered under [STATUTE] and Section 7 of the E.C. Act. There is serious allegation against the petitioner of committing irregularities in storage and distribution of food grains to the beneficiaries of different schemes by realising higher price and deceitfully and fraudulently taking more coupons than what is required to be taken. Under the facts and circumstances of the case, I am not inclined to grant bail to this petitioner at this stage. However, if the petitioner surrender and pray for regular bail then the court below shall dispose of the bail petition on its own merit without being prejudice by this order. m.p. (Gopal Prasad, 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.