Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6469 of 2012 ====================================================== 1. Rajesh Kumar S/O Ramchandra Prasad R/O Bahari Bigha, P.S.Kashichak (Shahpuro.P.), Distt-Nawada 2. Awadhesh Kumar S/O Ramchandra Prasad R/O Bahari Bigha, P.S.Kashichak (Shahpuro.P.), Distt-Nawada .... .... Petitioners Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.6355 of 2012 ====================================================== 1. Rajesh Kumar S/O Ramchandra Prasad Resident Of- Bahari Bigha, P.S.- Kashichak (Shahpur O.P.), Distt.- Nawada 2. Awadhesh Kumar S/O Ramchandra Prasad Resident Of- Bahari Bigha, P.S.- Kashichak (Shahpur O.P.), Distt.- Nawada .... .... Petitioners Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-03-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in two cases for the same offence; one registered under Sections 395 and 397 of the Indian Penal code and the other under [STATUTE] and 3/4 of the Prevention of Damage to Public Property Act. Patna High Court Cr.Misc. No.6469 of 2012 (2) dt.07-03-2012 2 / 3 2 It appears that the occurrence is of 04.02.2009 and two FIRs were lodged; one as Giriyak(Katrisarai)P.S.Case No.25 of 2009 and the other as Giriyak(Katrisarai)P.S.Case No.24 of 2009 where accusation are of taking away of cartridges and service revolver and raising slogans, damaging the properties and litting fire in the police station premises respectively. The accusations are not specific against the petitioners. In the first case the petitioners in Cr.Misc.No.6469 of 2012 are not named in the FIR while in the second case the petitioners in Cr.Misc.No.6355 of 2012 are named in the FIR, lodging of the two cases for the one occurrence creates doubt about the prosecution version as to why both the accusations have not been incorporated in one FIR. It appears that other similarly situated accused persons have been granted bail by this Court. Considering the general accusation against the petitioners and co-accused persons have been released on anticipatory bail by this Court, let the above named two petitioners in the two applications, be released on anticipatory bail, in the event of their 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 Patna High Court Cr.Misc. No.6469 of 2012 (2) dt.07-03-2012 3 / 3 3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif in connection with Giriyak(Katrisarai)P.S.Case Nos.24 and 25 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. B.Kr./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 436

Statute Text:
Section 436 of the Indian Penal Code. Mischief by fire or explosive substance with intent to destroy house etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, 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.