Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31746 of 2011 ====================================================== 1.Sanjay Sao @ Gorki, son of Naresh Sao, R/o Vill-Naya Tola Pulka,P.S- Jamalpur,Dist-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. 01-03-2012. 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.258 of 2010 arising from Jamalpur P.S.Case No.47 of 2009 for the offence punishable under [STATUTE] , and section 27 of the Arms Act. Learned counsel for the petitioner, with reference to the allegation made in the F.I.R, submits that whereas the first gun shot injury on the brother of the informant Arun Kumar Yadav has been attributed to co-accused Anil Mandal, the other 8 accused have been charged with firing at the deceased in an omnibus manner. Learned counsel submits that although the Patna High Court Cr.Misc. No.31746 of 2011 (4) dt.01-03-2012 2 charge is on all the 9 accused of firing on the deceased, but the post mortem report shows four entry wounds. He further submits that the other charge on this petitioner is of firing on the father of the informant and though the injury report shows gun shot wound, but for the allegation aforesaid, the petitioner has remained in custody since 1.6.2009. He further with reference to the order dated 30.3.2010 passed in Cr.Misc.No.9633 of 2010 ( Tapesh Mandal Vs. State), order dated 1.10.2010 passed in Cr.Misc.No.19164 of 2010 (Hirday Narayan Paswan and anr. Vs. the State) and order dated 23.4.2010 passed in Cr.Misc.No.5093 of 2010 (Shiv Mandal Vs. the State), submits that some of the similarly placed co- accused have been granted bail by this court. Having heard learned counsel for the parties and having perused the materials on record, let the petitioner Sanjay Sao alias Gorki be released on bail on furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, Ist, Munger in connection with Sessions Trial No.258 of 2010 arising from Jamalpur P.S.Case No.47 of 2009, subject to the condition that the petitioner shall be personally present before the trial court on each and every date fixed in the trial Patna High Court Cr.Misc. No.31746 of 2011 (4) dt.01-03-2012 3 and the failure on the part of the petitioner to present himself 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 bonds of the petitioner and to take him into custody ahk/- (Jyoti Saran, J)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.