Case Facts:
Patna High Court Cr.Misc. No.18988 of 2012 (2) dt.28-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18988 of 2012 ====================================================== 1. Md. Absar S/O Late Rustam R/O Village- Mahalbari, P.S.- Angarh, Dist.- Purina .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 28-05-2012. Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in Angarh P.S. Case No. 11 of 2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that though the allegation is that the petitioner along with others assaulted the daughter of the informant with lathi, danda and other deadly weapons which caused death, but according to the post- mortem report, only one injury on the neck has been found and the cause of death is said to be due to throttling. Learned counsel has produced a web copy of order dated 15.5.2012 passed by a Coordinate Bench of this court in Cr. Misc. No. Patna High Court Cr.Misc. No.18988 of 2012 (2) dt.28-05-2012 2 183415 of 2012, Cr. Misc. No. 18985 of 2012 and Cr. Misc. No. 18641 of 2012 by which other similarly situated co- accused have been granted anticipatory bail. Let the copy of the order be kept on record. Learned APP for the State, on the other hand, submits that the petitioner was one of the persons responsible for causing death of the deceased and thus does not deserve the privilege of bail. Considering the facts and circumstances of the case, let the petitioner, named above, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Angarh P.S. Case No. 11 of 2011. ahk/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 148

Statute Text:
Section 148 of the Indian Penal Code. Rioting armed with deadly Weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.