Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28158 of 2012 ====================================================== Bhothu Sharma @ Bablu Sharma, S/O Sri Kamo Sharma @ Maheshwar Sharma, R/O Village - Salimpur, P.S. Bakhtiyarpur, District – Patna. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== For the Petitioner : Mr. Dhirendra Kumar, Advocate. For the Opposite Party : Mr. Sanjay Kr. Tiwary-I, A.P.P. ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 7 19-12-2012 Heard learned counsel for the petitioner and learned counsel for the opposite party-State of Bihar. Also perused the case diary, relevant paragraphs of which were read over before this court by learned counsel for the State of Bihar. Petitioner is an accused in Bakhtiyarpur P.S. Case No.131 of 2007 for offences punishable under [STATUTE] as well as section 27 of the Arms Act. The claim of the petitioner is that the petitioner has been falsely implicated in this case due to dispute among the gotias with respect to properties. He further submits that the gotias had earlier also implicated the petitioner in two cases bearing Bakhtiyarpur P.S. Case No.104 of 2006 and Bakhtiyarpur Patna High Court Cr.Misc. No.28158 of 2012 (7) dt.19-12-2012 2 P.S. Case No.78 of 1998, but out of them the petitioner has been enlarged on bail in Bakhtiyarpur P.S. Case No.104 of 2006 and had already been acquitted in Bakhtiyarpur P.S. Case No.78 of 1998. He further submits that the petitioner has got no criminal antecedent except the aforesaid two cases. Learned counsel for the petitioner avers that the allegation in the F.I.R. is that he had fired at one Sujit Kumar, but before that another co-accused had already fired at Sujit Kumar’s chest due to which he had died. Hence, the allegation against the petitioner is that he had fired at a dead man, whereas the other main assailants, who are named in the F.I.R., are co- accused Krishnandan Sharma, Tinku Sharma and Bhushan Sharma. Learned counsel for the petitioner further avers that he is in custody since more than two years i.e. from 10.11.2010 as is apparent from the impugned order of learned Additional Sessions Judge, but till date after submission of charge sheet no charge has been framed and the matter is unnecessarily lingering since 2007 much to the chagrin of the petitioner and members of his family. Although learned counsel for the opposite party-State of Bihar vehemently opposes the contentions of learned counsel for the petitioner but in the facts and circumstances of this case Patna High Court Cr.Misc. No.28158 of 2012 (7) dt.19-12-2012 3 this petition is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.20,000.00 (Twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Bakhtiyarpur P.S. Case No.131 of 2007. Harish/- (S.N. Hussain, 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.