Case Facts:
Patna High Court Cr.Misc. No.31063 of 2012 (2) dt.17-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 31063 of 2012 ====================================================== Mukesh Sharma .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 17-08-2012 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] and 27(1) (B), 26, 27, 35 of the Arms Act. It is alleged that nine persons came variously armed with firearms and obstructed the loading of watermelon and also demanded the rent of land in which the watermelon was grown and asked him to return boat which is alleged to be theft boat. However, there is allegation that one Guddu Singh, Sita Ram Singh and Santosh Singh fired causing injury to Pappu Bhakat, Jammu Sahani and Sabita Devi. Learned counsel for the petitioner submits that the petitioner has been named in the First Information Report amongst nine persons. However, neither there is specific role nor there is specific mention that he was armed with any Patna High Court Cr.Misc. No.31063 of 2012 (2) dt.17-08-2012 weapon and was only stated to be the member of the mob. It is further submitted that the petitioner has no criminal antecedent. Hence, having regard to the facts and circumstances of the case and the fact that the petitioner is in jail since 10.05.2012, 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, Saran at Chapra in connection with Dariyapur P. S. Case No. 83 of 2012, subject to the condition that one of the bailors shall be the near relative of the petitioner and the bailor shall file affidavit to the effect that the petitioner has no criminal antecedent which fact should be verified by the court below and thereafter be released on bail. Kundan/- (Gopal Prasad, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.