Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25622 of 2012 ====================================================== Raj Kumar Thathera .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 09-08-2012 The present application has been listed before this Court in view of the order dated 11.07.2012 passed by a Co-ordinate Bench of this Court and administrative order of Hon’ble the Chief Justice dated 18.07.2012. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Prevention of Damage of Public Property Act. The petitioner’s earlier anticipatory bail application was permitted to be withdrawn vide order dated 02.12.2011 passed in Cr. Misc. No. 39204 of 2011. It is alleged that the police Gypsy Patna High Court Cr.Misc. No.25622 of 2012 (3) dt.09-08-2012 2/3 collided with a motorcycle when three persons died when the mob protested and in the FIR specific accusation of sprinkling petrol on the police Gypsy was against Ajit Thathera, Raj Kumar Thathera, Gautam Kumar Ram and Pappu Ram and litting fire against Pramod Yadav and Santosh Rawat. It is submitted by learned counsel for the petitioner that other accused persons have been granted bail vide Cr. Misc. No. 1923 of 2012 and analogous mater. This Court is not inclined to take a different view. Since the others have been granted bail, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Lakshmipur (Gidhaur) P.S. Case No. 27 of 2011 pending in the court of learned Chief Judicial Magistrate, Jamui. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the Patna High Court Cr.Misc. No.25622 of 2012 (3) dt.09-08-2012 3/3 learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 438

Statute Text:
Section 438 of the Indian Penal Code. The mischief described in the last section when committed by fire or any explosive substance. Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section. 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.