Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6234 of 2012 ====================================================== Bharat Prasad .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] , 27 of the Arms Act, 3, 4 and 5 of the Explosive Substances Act. Since on merits of accusation the petitioner was granted anticipatory bail by the learned court below till submission of charge sheet. The present anticipatory bail application is not maintainable in view of ratio laid down in the case of Bishundeo Sahu Vs. The State of Bihar & Ors reported in 2011(1) P.L.J.R. 731. However, let the learned court below pass appropriate order for release of petitioner on regular bail preferably on the same day in view of ratio laid down in the aforesaid case provided the Patna High Court Cr.Misc. No.6234 of 2012 (2) dt.05-03-2012 2 / 2 2 petitioner has not misused the privilege of bail if the petitioner surrenders within a period of six weeks from the date of receipt of copy of this order in connection with Imadpur P.S. Case No. 51 of 2006 pending in the court of the learned C.J.M., Bhojpur, Ara. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioner. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 435

Statute Text:
Section 435 of the Indian Penal Code. Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards. Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.