Case Facts:
Patna High Court Cr.Misc. No.20282 of 2012 (5) dt.13-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 20282 of 2012 ====================================================== Vijay Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 13-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] and 27 of the Arms Act. The petitioner has been named by the informant and there is direct allegation of firing by this petitioner causing injury to the deceased, the son of the informant who succumbed to injury. Learned counsel for the petitioner submits that except this there is no other evidence. None has named this petitioner nor has stated about any overt act whatsoever. It has further been contended that there is no corroboration. Learned counsel for the informant, however, pointed out paragraph 41 of the case diary that there is corroboration. However, the statement of the witness in paragraph 41 of the case diary is general and omnibus that when he reached the Patna High Court Cr.Misc. No.20282 of 2012 (5) dt.13-08-2012 place of occurrence at the time of occurrence then the informant disclosed the name of all the accused persons who have killed his son Sunil Singh and there is no specific mention of specific overt act of the petitioner. Learned counsel for the informant submits that two non-official witnesses are to be examined out of whom one has been examined and rest one is required to be examined. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. However, the prosecution is directed to exhaust the non-official witness within two months and the petitioner shall renew his prayer for bail after exhausting the non- official witnesses in the charge-sheet. However, after the exhausting of the non-official witness, the trial court will consider the case of the petitioner for grant of bail. Let this order be communicated to the court of the learned Additional District & Sessions Judge, Fast Track Court –IIIrd, Lakhisarai in connection with Sessions Case No. 821A/2010 arising out of Lakhisarai P. S. Case No. 48 of 1991 through FAX at the cost of the petitioner. Kundan/- (Gopal Prasad, 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.