Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40251 of 2011 ====================================================== 1. Tuntun Mishra S/O Ram Nath Mishra R/O Vill- Sandali, P.S. Barauli, Distt- Gopalganj. 2. Ranjan Mishra S/O Ram Nath Mishra R/O Vill - Sandali, P.S. Barauli, Distt- Gopalganj. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.39011 of 2011 ====================================================== 1. Tunna Tiwari S/O Late Babunand Tiwari Resident of Village- Pachrukhia, P.S.- Barauli, District- Gopalganj .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : (In Cr. Misc. No.40251 of 2011) For the Petitioner : Mr. Naresh Dixit, Adv. For the Opposite Party : Mr. Lalan Kumar, A.P.P. For the Informant : Mr. Satish Kumar Singh, Adv. (In Cr. Misc. No.39011 of 2011) For the Petitioner : Mr. Arun Kumar Singh No.3, Adv. For the Opposite Party : Mr. J.N. Thakur, A.P.P. For the Informant : Mr. Satish Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 29-02-2012 Heard learned counsel for the parties. The petitioners are in custody in connection with Barauli P.S. Case No. 98 of 2011 for the offences punishable under [STATUTE] . Learned counsel for the petitioners with reference to the F.I.R. submits that the origin behind the alleged occurrence is an altercation Patna High Court Cr. Misc. No.40251 of 2011 (3) dt.29-02-2012 2 which took place during the ‘Tilak’ ceremony of one of the accused Munna Tiwari. It is stated that when the ‘Barat’ of the said Munna Tiwari arrived in the village another altercation took place and which had led to the alleged occurrence in which the husband and the sons of the informant have suffered injuries and due to which the elder son of the informant Durgesh Kumar Mishra succumbed to the injuries. Learned counsel submits that though four of the accused namely, Abhay Mishra, Ranjan Mishra, Tuntun Mishra and Tunna Tiwari have been charged with repeated assault on the deceased son of the informant but the post mortem report placed at paragraph 152 of the case diary attributes death to a single knife injury. He further submits that the allegation is against accused of causing knife injury also to the husband of the informant who has specifically named these petitioners but neither the injury report is placed in the case diary nor has been placed on record by the learned counsel for the informant. It is contended that in the light of the aforesaid allegations whereas the petitioners Tun Tun Mishra and Ranjan Mishra are in custody since 16.07.2011 and 21.07.2011 the petitioner Tunna Tiwari is in custody since 30.06.2011. Learned counsel appearing on behalf of the Tunna Tiwary submits that the petitioner had come in the ‘Barat’ of Munna Tiwari and has been arrayed as an accused in the present case by reason of an altercation. The prayer for bail has been opposed by learned counsel for the informant and also learned counsel appearing on behalf of the State. Regard being had to the submissions of learned counsel and taking into consideration the circumstances that the despite the allegation Patna High Court Cr. Misc. No.40251 of 2011 (3) dt.29-02-2012 3 against four of the accused of causing repeated knife assault on the person of the deceased, a single knife injury is found in the post mortem report and the injury report of Radha Kishun Mishra has been found wanting and considering he period of custody, let the petitioner namely, Tuntun Mishra, Ranjan Mishra and Tunna Tiwari be released on bail upon each of them furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No.98 of 2011 subject to the following conditions:- (a) That the petitioners shall accept the police papers on the given date and shall also be present on the date fixed for charge and if they fail to do so on two consecutive dates fixed for such purpose, the bail bonds of the defaulting petitioner(s) shall be liable to be cancelled. (b) The petitioners shall ensure their representation before the Court below on each and every date fixed in the case and failure on the part of the petitioners to ensure their representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bond of the defaulting petitioner(s) and to take him into custody. Bibhash/- (Jyoti Saran, 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.