Case Facts:
Patna High Court Cr.Misc. No.19810 of 2012 (2) dt.23-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19810 of 2012 ====================================================== Gupteshwar Prasad Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Sankar For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 23-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is apprehending his arrest in Pandarak P.S. Case No. 104 of 2011 for offences under sections 409, 420,120(B) I.P.C. According to the F.I.R., loan has been sanctioned on the basis of forged certificate. The F.I.R. has been lodged by Kedar Mahto when he received a notice in the name of Peru Mahto for taking loan of Rs. 1,00,000/-(one lakh). It has been submitted that when information was sought under the R.T.I. whereupon it transpired that no loan was sanctioned to Peru Mahto who is son of Kedar Mahto and only loan was sanctioned in favor of Ram Jatan @ Ram Jatan Prasad. The counsel for the petitioner submits that Sri Bipin Patna High Court Cr.Misc. No.19810 of 2012 (2) dt.23-05-2012 Bihari Singh, Circle Officer has been granted bail by this Court in Cr. Misc. No. 8362 of 2012 and the petitioner is the Halka Karamchari. In view of the facts and circumstances, in the event of arrest or surrender within 4 weeks from to-day in the court below petitioner, Gupteshwar Prasad Singh be released on anticipatory bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh (Patna) in Pandarak P.S. Case No. 104/2011 subject to the conditions as laid down [STATUTE] (2) Cr. P.C. It is expected that the petitioner will co-operate the Investigating Agency as well as trial in the case. Mahesh/- (Shivaji Pandey, 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.