Case Facts:
Patna High Court Cr.Misc. No.16559 of 2012 (2) dt.10-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16559 of 2012 ====================================================== 1. Md. Fazle Hasan @ Falosan 2. Taria @ Atwari @ Tara & 3. Md. Putul @ Putul @ Md. Putur. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 10-05-2012 At the outset, it is submitted that petitioner no.2, namely, Taria @ Atwari @ Tara has been arrested. Hence, this application has become infructuous so far as it relates to petitioner no.2. Heard learned counsels for the petitioners and the State. Petitioners no.1 and 3 are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of assaulting the father of the informant with fist and slaps for vacating the land and subsequently knocking down on the ground. The accusation of committing theft of Rs.700/- and other articles is against Ajij. It is submitted that on bare perusal of the accusation, it is apparent that the petitioners had no intention to kill when for the occurrence of 22.02.2011 the FIR was lodged on 06.04.2011 Patna High Court Cr.Misc. No.16559 of 2012 (2) dt.10-05-2012 when the victim died of 02.04.2011, hence, the death cannot be co-related with the assault also. Considering the delayed lodging of the FIR, let the two petitioners, namely, Md. Fazle Hasan @ Falosan and Md. Putul @ Putul @ Md. Putur, be released on anticipatory bail, in the event of their 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 Sri M.K.Sinha, Judicial Magistrate, Munger, in Mufassil P.S.case No.70 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Anil/- (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.