Case Facts:
Patna High Court Cr.Misc. No.28774 of 2012 (3) dt.26-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28774 of 2012 ====================================================== Md. Muslim .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 26-09-2012 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] . Learned counsel for the petitioner submits that there is no eye- witness to the occurrence and the informant is the mother of the deceased. There is prior enmity between the parties. The only material against the petitioner is that five persons including this petitioner were said to have been seen standing along with spade, sickle and danda. Hence, having regard to the facts and circumstances of the case and the fact that the case hinges on circumstantial evidence and there is no eye-witness to the actual occurrence, the petitioner above named is ordered to 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 learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj, Kishanganj P. S. Case No. 93 of 2003. 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.