Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5710 of 2012 ====================================================== Rakesh Mishra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.7742 of 2012 ====================================================== Sadhu Mishra@Shyam Charan Mishra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 29-02-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 7 of the Essential Commodities Act. It is alleged that the pulse was being carried on a tractor, which was suspected to be transported for smuggling and when the informant asked the accused persons to take the tractor to the Patna High Court Cr.Misc. No.5710 of 2012 (2) dt.29-02-2012 2 / 2 2 police station, they pelted stones in which the informant and the police personnel received minor injuries. It is submitted by learned counsel for the petitioner that the pulse belongs to the petitioner Sadhu Mishra @ Shyam Charan Mishra whereas the petitioner Rakesh Mishra was not connected with the same in any way. It is also submitted that the accusation has been made on suspicion and no case under Section 7 of the Essential Commodities Act is made out and in fact none have received any injury. Considering the nature of accusation, let the above named petitioners, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Inerwa P.S. Case No. 48 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.