Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36345 of 2011 1. Triloki Yadav @ Triloki Prasad, 2. Tribhuwan Yadav, @ Tribhuwan Prasad, both sons of Aslok Prasad Yadav, 3. Saroj Yadav @ Saroj Prasad, son of late Ambika Yadav, 4. Pramod Yadav @ Pramod Kumar, son of Raj Kishore Yadav, all resident of village – Koeriya Tola, (Nar Sona talkies), P.S. – Raxaul, District – East Champaran, Motihari. ------- Petitioners. Versus The State of Bihar --Opposite Party ****** 03. 10.01.2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Raxaul P.S. Case No. 181/2010 for offences under [STATUTE] and 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, East Champaran at Motihari. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner nos. 1, 3 and 4 namely, Triloki Yadav @ Triloki Prasad, Saroj Yadav @ Saroj Prasad and Pramod Yadav @ Pramod Prasad, with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, due order in accordance with law shall be passed by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with regard to petitioner nos. 1, 3 and 4 namely, Triloki Yadav @ Triloki Prasad, Saroj Yadav @ Saroj Prasad and Pramod Yadav @ Pramod Prasad. So far as petitioner no. 2 namely, Tribhuwan Yadav, @ Tribhuwan Prasad, is concerned, he carries general and omnibus allegation due to previous disputes relating to land. Further, petitioner having no criminal antecedent. If, it is so, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari, in connection with Raxaul P.S. Case No. 181/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, 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.