Case Facts:
Patna High Court Cr.Misc. No.27800 of 2012 (5) dt.29-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 27800 of 2012 ====================================================== Amit Kumar Mahto @ Amit Mahto .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 29-11-2012 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 direct allegation that this petitioner was involved in giving a dagger blow on the persons of the deceased by which deceased succumbed to injury. However, earlier the bail petition of the petitioner was twice rejected by this Court vide orders dated 23.03.2007 and 25.09.2008 passed in Cr. Misc. Nos. 54126 of 2006 and 41728 of 2008. Learned counsel for the petitioner submits that the petitioner is in jail custody since 17.01.2005, i.e. more than seven years. A report was called for from the trial court and it has been reported that the original case diary of Chapra Mufassil Patna High Court Cr.Misc. No.27800 of 2012 (5) dt.29-11-2012 P. S. Case No. 06 of 2005 has been sent to this Court for reference in Cr. Appeal No. 1059 of 2008 (DB) by the Court letter No. 380 dated 22.10.2008 and it has further been reported that so far the time to be taken in disposal is concerned, the trial court believes that after receipt of the post-mortem examination-cum-injury report from the Hon’ble High Court, this case may be disposed of within two months. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. However, the lower court is directed to make a request to the Hon’ble High Court for sending down the injury report as well as the post-mortem report along with the original case diary for disposal of this case and to dispose of the case within two months from the date of receipt of this order. However, if the case is not disposed of within two months then the petitioner may renew his prayer for bail. Accordingly, the prayer for bail of the petitioner is rejected at this stage. 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.