Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13359 of 2012 ====================================================== 1. Bishwanath Kumar @ Vivek Kumar 2. Shankar Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-04-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Subsequently [STATUTE] was also added. It is alleged that on the order of Mahesh Kumar all the accused persons made assault when four persons received injuries but subsequently one Nand Kishore Prasad, father of the informant succumbed to the injuries after two days of the occurrence. It is submitted by learned counsel for the petitioners that accusation is not specific as it is alleged that all the five persons assaulted the informant and others when it is difficult to say that who caused fatal Patna High Court Cr.Misc. No.13359 of 2012 (2) dt.17-04-2012 2/2 injury to the deceased and from the first information report it is apparent that there wass no intention to kill when there is counter version of the occurrence also when the petitioners’ side have also received injuries. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve 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 learned Sub-divisional Judicial Magistrate, Daudnagar, District – Aurangabad in connection with Daudnagar P.S. Case No. 248 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, 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.