Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38687 of 2011 ====================================================== 1. Sudama Paswan, son of Rambriksh Paswan 2. Dara Paswan, son of Rambriksh Paswan 3. Ramashray Paswan, son of Rambriksh Paswan 4. Arun Das, son of Late Bhaglu Das 5. Arjun Das, son of Kailash Das 6. Ganesh Das, son of Ram Barat Das 7. Awadhesh Das, son of Baldeo Das 8. Dinesh Das, son of Kailash Das 9. Sanjay Das @ Sanjay Kumar, son of Govind Das All resident of village – Barhi Bigha, P.S. – Chandauti (Chakand), District – Gaya. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 16-03-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] , and 27 of the Arms Act. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner nos. 2 and 8 namely, Dara Paswan and Dinesh Das, since they have been apprehended. Permission is granted. Accordingly, this application stands dismissed as having become infructuous only with regard to petitioner nos. 2 Patna High Court Cr.Misc. No.38687 of 2011 (3) dt.16-03-2012 2 / 2 2 and 8 namely, Dara Paswan and Dinesh Das. So far as remaining petitioners are concerned, submission is of false implication, general and omnibus allegation due to land disputes and in spite of allegedly armed with fire arms which was never used. Further, petitioners have no criminal antecedent. If, it is so, in the event of their arrest/surrender before the court below within four weeks, let the remaining petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Chandauti (chakand) P.S. Case No. 136/2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for three years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.