Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18546 of 2012 ====================================================== 1. Manjhil Mistri 2. Kariman Mistri. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-05-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of cutting Shisham tree of the informant in the night when one Pintu Rai asked to purchase the said shisham tree which was refused by the informant. It is submitted by learned counsel for the petitioners that admittedly as per the FIR, the informant is not the eye-witness to the occurrence and has not disclosed the source from which he came to know about the involvement of the petitioner, hence on mere suspicion, the accusation has been levelled and a statement has been made in para 11 of the petition that the petitioners have no criminal antecedent. Furthermore, for the occurrence of 03.02.2012, the FIR was instituted on 04.02.2012 which was transmitted to the learned court below on 10.02.2012 which Patna High Court Cr.Misc. No.18546 of 2012 (2) dt.18-05-2012 2/2 suggests that by antedating, the FIR has been lodged. Considering the aforesaid facts, 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 Addl. Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 28 of 2012, 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.