Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8296 of 2012 ====================================================== Md. Shamim & Ors. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-03-2012 Heard learned counsels for the petitioners and the State. The petitioner nos. 1 to 3 and 6 to 9 are languishing in custody since 01.02.2012, petitioner no 4 is in custody since 31.01.2012 and petitioner no. 5 is in custody since 04.02.2012 in a case registered for the offences punishable under [STATUTE] ., 27 of the Arms Act and 3(2)(e)/4 of the Prevention of Damage to Public Property Act. It is alleged that a mob of 500 people obstructed the Ambulance in which the dead body was being taken to hospital. Later on, mob put the Ambulance on fire, snatched rifle of the police and pelted stones in which several police personnels received injuries which were found simple in nature. Considering the fact that investigation is Patna High Court Cr.Misc. No.8296 of 2012 (2) dt.20-03-2012 2 / 2 2 complete and accusation is against the mob, let the petitioners, Md. Shamim, Md. Ishtyaque @ Ishtiyaque, Md. Zabir, Md. Nayeem, Muntasir @ Md. Muntasir, Md. Aslam, Mustaque, Manjoor @ Md. Manjoor and Ayub be released on bail 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 Additional Sessions Judge, F.T.C. 5, Purnea, in connection with S. T. No. 79 of 2012 arising out of Sadar Dagarua P.S. Case No. 362 of 2011. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 435

Statute Text:
Section 435 of the Indian Penal Code. Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards. Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.