Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15360 of 2012 ====================================================== 1. Ram Babu Rai, S/o Mahendra Rai, Resident of Village- Bhaluwaha, P.S.- Raxaul (Haraiya), District- East Champaran. 2. Anil Rai S/o Mahendra Rai Resident of Village- Bhaluwaha, P.S.- Raxaul (Haraiya), District- East Champaran. 3. Budhan Mahto @ Budhan Mahto, S/o Bigu Mahto Resident of Village- Bhaluwaha, P.S.- Raxaul (Haraiya), District- East Champaran .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-04-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with a case instituted under [STATUTE] . It is alleged in the F.I.R. that 13 named persons being variously armed came and took away the informant and his brother. The informant some how managed to escape and thereafter the dead body of his brother was found in the field. The occurrence took place on 27.2.2011 but the F.I.R. was instituted only after recovery of the dead body on 28.2.2011. Out of the 13 named accused persons, Bakeshwar Singh, Ram Tahal Rai, Subh Narayan Rai, Jawahir Rai @ Jawahar Rai @ Jahir, Panna Lal Rai and Kailash Rai have been granted bail by order dated 12.3.2012 passed in Cr. Patna High Court Cr.Misc. No.15360 of 2012 (2) dt.12-04-2012 2 / 2 2 Misc. No. 10467 of 2012 by another bench of this Court whereas co- accused Sharma Paswan and Parma Paswan have been granted bail by order dated 23.2.2012 passed in Cr. Misc. No. 3946 of 2012. Considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari (East Champaran) in connection with Raxaul (Haraiya) P.S. Case No. 48 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.