Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38185 of 2011 ====================================================== 1. Diwakar Yadav S/O Naresh Yadav, Resident oVillage- Mahuli, P.S.- Muffasil, District- Munger. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4. 12-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial no.182 of 2011 arising from Mufassil P.S.Case No.244 of 2007 for the offence punishable under [STATUTE] and section 27 of the Arms Act. Learned counsel for the petitioner, with reference to the F.I.R. submits that although the allegation of first firing is on Mohril Yadav followed by the firing by this petitioner and co-accused Wakil Yadav, but the post mortem report attributes only one gun shot injury in the abdomen and on the left lower fore-arm. Learned counsel, with reference to a protest filed by the informant placed at Anexure-2 of the supplementary Patna High Court Cr.Misc. No.38185 of 2011 (4) dt.12-03-2012 2 affidavit filed today during the course of proceedings, submits that the informant has very categorically mentioned in para-3 of the protest that the gun shot fired by the accused Mohril Yadav hit his brother in the abdomen and the firing of this petitioner hit him on the hand. He submits that for the reasons aforesaid, the petitioner has remained in custody since 26.11.2010. Having heard learned counsel for the parties and having perused the materials on record, let the petitioner Diwakar Yadav 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 Additional Sessions Judge, II, Munger in connection with Sessions Trial No.182 of 2011 arising from Mufassil P.S.Case No.244 of 2007, subject to the condition that the petitioner shall ensure his representation before the trial court on each and every fixed in the trial and the failure on the part of the petitioner to ensure his representation before the trial court on two consecutive dates fixed in the trial, without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bond of the petitioner and to take him into custody. ahk/- (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.