Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1923 of 2012 ====================================================== Santosh Rawat .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.11089 of 2012 ====================================================== Gautam Kumar Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.12964 of 2012 ====================================================== 1. Mahendra Rawat 2. Ajit Thathera ……….. Petitioner/s. Versus The State Of Bihar .... .... Opposite Party/s .====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 16-04-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending are arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of D.P. Act. Patna High Court Cr.Misc. No.1923 of 2012 (3) dt.16-04-2012 2/3 It is alleged that the police Gypsy collided with a motorcycle with three persons ultimately 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 liting fire against Pramod Yadav and Santosh Rawat out of them Santosh Rawat, Gautam Kumar Ram, Mahendra Rawat and Ajit Thathera are petitioners before this Court. It is submitted by learned senior counsel for the petitioners that in the subsequent statement the accusations are not specific and during investigation none of the witnesses suggested the name of the petitioners. This contention of the petitioners has not controverted by learned APP. Considering the protest made by the mob in the background of three persons being hit by the alleged police Gypsy, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Patna High Court Cr.Misc. No.1923 of 2012 (3) dt.16-04-2012 3/3 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Laxmipur (Gidhour) P.S. Case No. 27 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.