Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38326 of 2012 ====================================================== Subodh Thakur S/O Late Bishundeo Thakur Resident Of Village- Makhamdampur, P.S- Mansoorchak, District- Begusarai. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-10-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that on the order of Hari Thakur, co-accused Bhagirath Mahto and Pramod Mahto caught hold of Rajeev Kumar and Suresh Singh when Vijay Jha and Jitendra Jha started pressing the neck of Rajeev Kumar and Suresh Singh when other co- accused assaulted with bricks and Lathi when Rajeev Kumar and Suresh Singh succumbed to injuries. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. subsequently his name sprang up during investigation when in the F.I.R. there is no Patna High Court Cr.Misc. No.38326 of 2012 (2) dt.05-10-2012 2 / 2 2 specific accusation of assault. It is further submitted that on recovery of dead bodies of the victims, a U.D. Case was registered by the brother of one of the deceased and one F.I.R. named accused person Ramashish Jha @ Latto Jha has been granted anticipatory bail by this Court vide Cr. Misc. No. 10762 of 2010. Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Bibhutipur P.S. Case No. 179 of 2007 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.