Case Facts:
Patna High Court Cr.Misc. No.4082 of 2012 (2) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4082 of 2012 ====================================================== Nayan Kumar @ Baban Mahto, son of Late Vidyanand Mahto. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 08-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and Section 27 of the Arms Act. It is alleged against 15 named and 2-3 unknown persons to have taken away the informant’s two sons and subsequently they were being killed. From the first information report itself the informant is not the eye witness of the occurrence. It is submitted by learned counsel for the petitioner that the investigation with regard to the petitioner is still pending. It appears that the others have been granted regular bail by this Court vide Cri. Misc. No. 46738 of 2008 and other cases. I see no reason for the learned court below not to give the same privilege to the petitioner if the petitioner surrenders Patna High Court Cr.Misc. No.4082 of 2012 (2) dt.08-02-2012 within a period of six weeks. With the above observations, the application is, accordingly, disposed off. Let the order be communicated to the court below through fax at the cost of the petitioner in connection with Naokothi P.S. Case No. 65 of 2007 pending in the court of Chief Judicial Magistrate, Begusarai. Md. Ibrarul/- (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.