Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40908 of 2012 ====================================================== 1. Bikarma Sharma S/O Late Sukhal Sharma R/O Vill-Hathia, P.S.- Yogapatti, Distt-West Champaran. 2. Hira Sharma S/O Late Sukhal Sharma R/O Vill-Hathia, P.S.-Yogapatti, Distt-West Champaran. 3. Dilip Dubey S/O Chandi Dubey R/O Vill-Hathia, P.S.-Yogapatti, Distt- West Champaran. 4. Guddu Sharma S/O Bikarma Sharma R/O Vill-Hathia, P.S.-Yogapatti, Distt-West Champaran. 5. Mukti Sharma S/O Radha Sharma R/O Vill-Hathia, P.S.-Yogapatti, Distt-West Champaran. 6. Raj Kumar Dubey S/O Dilip Dubey R/O Vill-Hathia, P.S.-Yogapatti, Distt-West Champaran. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-11-2012 Learned counsel for the petitioners has submitted that the petitioner no. 2 has been arrested. Hence, his anticipatory bail application has become infructuous. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of making assault. One Patna High Court Cr.Misc. No.40908 of 2012 (2) dt.26-11-2012 2 / 3 2 injury each of Sukhraj Sharma and Lokesh Sharma have been found to be grievous. The specific accusation of assault is against petitioner nos. 5 and 6. Let the learned court below consider regular bail of petitioner nos. 5 and 6 keeping in view of the fact that they are agnates and there is counter version of occurrence also if they surrender within a period of six weeks from the date of receipt of copy of this order in connection with Yogapatti P.S. Case No. 70 of 2012 pending in the court of the learned C.J.M. Bettiah (West Champaran). With this observation, the anticipatory bail application of petitioner nos. 5 and 6 is disposed off. Let the order be faxed to the learned court below at the cost of the petitioners. Considering the fact that petitioners side have also received injury, let the petitioner nos. 1, 3 and 4 except petitioner nos. 2, 5 and 6, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Yogapatti P.S. Case No.70 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction Patna High Court Cr.Misc. No.40908 of 2012 (2) dt.26-11-2012 3 / 3 3 of the learned C.J.M. Bettiah (West Champaran), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.