Case Facts:
Patna High Court Cr.Misc. No.23224 of 2012 (2) dt.20-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 23224 of 2012 ====================================================== Sk. Chamru Son of Late Jahan Ali @ Shah Ali Resident of Village-Dighali, Police Station- Palasi, District-Araria. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 20-06-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Palasi P.S. Case No. 105 of 2005 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the allegation of assault is with deadly weapon against the petitioner and other co-accused but from the injury report it is obvious that the wound was simple in nature. Learned counsel further submits that the petitioner’s daughter has also lodged an F.I.R. against the informant and others in the present case in which there is also allegation of rape. The said F.I.R. is Palasi P.S. Case No. 107 of 2005. Learned counsel submits that the petitioner is in custody since 07.01.2012 and Patna High Court Cr.Misc. No.23224 of 2012 (2) dt.20-06-2012 has clean antecedent. He submits that there is false implication due to village politics and also in retaliation against the case lodged by the petitioner since the occurrence is of the same period though the case has been registered later. Learned counsel submits that the petitioner has sufficiently been harassed and punished being in custody since over five months. Learned A.P.P. for the State opposes the prayer for bail and submits that there is specific allegation of assault against the petitioner and thus he does not deserve to be released on bail. Considering the facts and circumstances of the case, let the petitioner namely, Sk. Chamru 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, Araria in connection with Palasi P.S. Case No. 105 of 2005. Anand Kr. (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.