Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35410 of 2012 ====================================================== 1. Dilip Kumar Sah, Son of Bujhawan Sah. 2. Dilip Sah @ Mayank @ Mayank Sah, Son of Ramji Sah. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 12-10-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] and Section 17 of the Arms Act. In this case, instituted against unknown, petitioners name emerged during investigation. Submission is of false implication and under almost similarly situated circumstance, co-accused, namely, Sanjay Thakur @ Sushil has already been released on bail vide order dated 16.04.2012 passed in Cr. Misc. No. 13162 of 2012. Further, though petitioners carry a few criminal cases against them, but in majority, they are on bail. If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari (East Champaran) in connection with Rajepur P.S. Case No. 50 of 2011, Patna High Court Cr.Misc. No.35410 of 2012 (2) dt.12-10-2012 2 subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.