Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38359 of 2012 ===================================================== 1. Anil Koeri @ Sandesh, son of Late Subhag Singh, resident of village- Kaser, P.S. Bhagwanpur, District-Kaimur at Bhabua. 2. Nakharu Kharwar @ Vikash, son of Gambhira Kharwar, resident of village-Auraiya, P.S. Chenari, District-Rohtas. 3. Ram Ji Uraon @ Nirmal, son of Sobhnath Singh, resident of village- Kusba, P.S. Nauhata, District-Rohtas. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 2 18-10-2012 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in Sessions Trial No.310 of 2012/124 of 2012, arising out of Adhaura P.S. Case No.24 of 2010, registered under [STATUTE] besides Section 17 C.L.A. Act, Section 27 of the Arms Act and Sections 10/13 of Illegal Activities Act. Learned counsel appearing on behalf of the petitioners made submission that the petitioners alongwith 12 others and 20- 25 unknowns are named in the F.I.R. with general allegation of making firing in which two persons died. No specific overt act has been attributed to the petitioners and the petitioners are in custody since 5.4.2012. It is further submitted that the similarly situated co-accused, Ram Pyare Kharwar, vide order dated Patna High Court Cr.Misc. No.38359 of 2012 (2) dt.18-10-2012 2 / 2 2 24.8.2012 passed in Criminal Misc. No.31789 of 2012, co- accused, Vinod Singh, vide order dated 25.7.2011 passed in Criminal Misc. No.22205 of 2011 and the co-accused, Bijay Kharwar, vide order dated 6.6.2012 passed in Criminal Misc. No.20231 of 2012, have already been granted bail by different Bench of this Court. Having regard to the facts and the circumstances of the case, the petitioners abovenamed, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-V, Kaimur at Bhabhua, in connection with Sessions Trial No.310 of 2012/124 of 2012, arising out of Adhaura P.S. Case No.24 of 2010, with a further condition that out of the two sureties, one must be either one of the parents of the petitioners. P.S./- (Rajendra Kumar Mishra, 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.