Case Facts:
Patna High Court Cr.Misc. No.44984 of 2012 (2) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44984 of 2012 ====================================================== 1. Alam son of Late Jalauddin 2. Sainul Son of Jalauddin 3. Jahrul son of Late Jalaluddin 4. Inamul Haque @ Inamul Son of Late Ibrahim Ali @ Late Ibrahim 5. Md. Hassan @ Md. Hussain Son of Late Ibrahim ali @ Late Ibrahim 6. Iqbal Hussain Son of late jarif 7. Md. Asad @ Md. Azad @ Md. Arshad Ali Son of Merajul Islam 8. Abdul Rashid Son of Saidul Rahman 9. Jamshid Ali Sonof Bahadur Hussain 10. Guhalu Son of Maharaj Ji 11. Hameedul Son of Basgar Ali All resident of village- Talwa Gawal Toli, P.S.- Abadpur, District- Katihar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48426 of 2012 ====================================================== 1. Ashraful S/O Usman @ Md. Usman Resident Of Village Bhawanipur, Police Station Abadpur, District Katihar. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.44984 of 2012) For the Petitioner/s : Mr. Rahmatullah, Advocate For the Opposite Party/s : Mr. APP (In Cr.Misc. No.48426 of 2012) For the Petitioner/s : Mr. Q. Hoda, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 18-12-2012 Above noted both the applications have arisen out of one occurrence vide Abadpur P.S. Case No. 75 of 2012 have been heard together and are being disposed of by this common order. Patna High Court Cr.Misc. No.44984 of 2012 (2) dt.18-12-2012 The petitioners seek bail in a case registered under [STATUTE] . It has been alleged that people of a particular community assembled to offer Namaj and after offering Namaj they went away to their respective houses. But 30-40 minutes thereafter, 400-500 people including the petitioners came with deadly weapons and started breaking the tea shop of Angat Das and also dismentalling the several shops and several shops were looted. Passengers were also assaulted. Submission is that the petitioners were not the members of the mob and they have been implicated because they are the active social members of the society. Considering the facts and circumstances of the case, the petitioners above named are directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Katihar in connection with Abadpur P.S. Case No. 75 of 2012. avin/- (Shyam Kishore Sharma, 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.