Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1250 of 2012 ====================================================== Lallan Paswan .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 18-01-2012 Heard learned counsels for the petitioners and the State. The petitioner is apprehending his arrest in a case registered under [STATUTE] Section 3 of the Public Property Act and Section 17 of C.L.A. Act. It is alleged that the extremist dug the road, cut the tree and obstructed the road which led to the registration of the case on 12.10.2009 against certain F.I.R. named and several unknown persons. The petitioner was named in the F.I.R. It is submitted by learned counsel for the petitioner that on 10.12.2008, the petitioner was in custody in connection with other case and was also in custody on the alleged date of occurrence and subsequently he was acquitted in the earlier case. It appears from the impugned order that the police filed the requisition for remanding the petitioner in the present case but when the court asked about the protection of the memo of the evidence it was not produced by the police. It is further submitted that at present the petitioner is only involved in the present case and apart from that petitioner is not involved in any other case. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Dhibra P.S. Case No. 17 of 2009 /2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty 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.