Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.388 of 2012 ====================================================== 1. Mani Bhushan Labh . 2. Gauri Shankar Labh. 3. Vikash Kumar Labh @ Vikas Kumar. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 06-01-2012 Heard learned counsels for the petitioners and the State. The petitioners being the agnates of the informant are apprehending their arrest in a case registered under [STATUTE] . The accusation is that the complainant’s side earlier lodged police case in which petitioners were sent to jail and after release they started making demand of extortion of Rs. 50,000/- and on refusal of the same on pistol point Rs. 10,000/- from the complainant and Rs. 2,000/- from his companion was snatched. It is submitted by learned counsel for the petitioners that petitioners being the agnates filed a partition suit which was decreed in their favour but the same was unsettled by the appellate court against which second appeal is still pending. Hence in the background of litigated relationship, the present case has been lodged and other similarly situated accused persons have been granted bail vide Cr. Misc. No. 39099 of 2011. Considering the litigated relationship between the parties which clouds the bona fide of the accusation, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No. 1858 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (Dinesh Kumar Singh, 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.