Case Facts:
Patna High Court Cr.Misc. No.31757 of 2012 (2) dt.27-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 31757 of 2012 ====================================================== Birendra Rai @ Biru Rai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 27-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . There is allegation that thirteen persons armed with lathi, danda, brick and rod surrounded and indiscriminately assaulted the husband of the informant due to which he fell down and thereafter one Birendra Rai climbed over the chest. The post-mortem report suggests only two injuries, one bruise over left eye and second bruise on back and the doctor has opined that the injuries were not sufficient to cause death and has also opined that the definite cause of death could not be ascertained. Learned counsel for the petitioner submits that there is allegation of assault but corresponding injury has not been Patna High Court Cr.Misc. No.31757 of 2012 (2) dt.27-08-2012 found on the person of the deceased. The other co-accused having similar allegation has been granted bail by this Court vide order dated 17.08.2012 passed in Cr. Misc. No. 30436 of 2012. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hazipur in connection with Patepur P. S. Case No. 54 of 2012. Kundan/- (Gopal Prasad, 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.