Case Facts:
Patna High Court Cr.Misc. No.47587 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47587 of 2012 ====================================================== 1. Khalid Saifullah @ Vicky @ Munna Son Of Mukhtar Alam Resident Of Village- Murli P.S.- Chautarwa District- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anis Akhtar, Advocate. For the Opposite Party/s : Mr. S.Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 17-12-2012 Petitioner is in custody since 10.09.2012 in connection with Purnahiya P.S. Case No.63 of 2012 for the alleged offence under [STATUTE] . It is submitted on behalf of the petitioner that he has been falsely implicated which is evident from the two versions contained in the complaint (Annexure-2) and the F.I.R. (Annexure-1) at the instance of the same informant wherein the petitioner has been discribed differently. In the complaint which has been filed at the earlier point of time, the accused no.1 is said to be Vicky Kumar, son of Ashok Jha, resident of Sitamarhi, whereas in the F.I.R. the accused has been shown to be Khalid Saifullah @ Vicky @ Munna, son of Akhtar, resident of West Champaran. It is, therefore, stated that even ex facie, it is evident that the petitioner has been implicated as a result of mistaken Patna High Court Cr.Misc. No.47587 of 2012 (2) dt.17-12-2012 identity. Considering the above facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sitamarhi, in Purnahiya P.S. Case No.63 of 2012 subject to conditions – (i) That the petitioner will not indulge himself in any similar other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. AnilKrSinha/- (Vikash Jain, J)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.