Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18295 of 2012 ====================================================== 1. Balister Bhagat @ Balister Kushwaha 2. Prabhu Bhagat @ Prabhunath Singh. 3. Jayshri Ram @ Shastri Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 13-07-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that for cutting the branches of the tree for cremation of the dead body of Baharan Sah, the FIR named accused persons made assault to Rajendra Bhagat (informant), and one Santosh Bhagat, subsequently, Rajendra Bhagat succumbed to the injuries. It is submitted by learned counsel for the petitioners that though, the petitioners are the co-villagers of the informant but they were not named in the FIR when in the FIR there is specific accusation of assault against eight named accused persons. It is submitted by learned counsel for the State that during investigation, the witnesses have named these petitioners as Patna High Court Cr.Misc. No.18295 of 2012 (3) dt.13-07-2012 2/2 associates of the assailants. Considering the fact that the petitioners were not named in the FIR, 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 Chief Judicial Magistrate, Siwan in connection with Nautan P.S. Case No. 68 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, 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.