Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39588 of 2012 ====================================================== Baldeo Mahto S/O Late Bhagirath Mahto R/O Village- Bhutahi, P.S. Sonbarsa, District- Sitamarhi. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 05-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.12 of the application. The petitioner is in custody in connection with Sonbarsa P.S. Case No. 154 of 2011 registered for offence punishable under [STATUTE] . As per the prosecution story there are 14 named accused responsible for the death of the informant’s husband, including the petitioner. The allegation is that he was armed with ‘Farsa’ which he used to assault the deceased. Others are also said to have assaulted with ‘Dabiya’ and ‘Lathi’. Learned counsel for the petitioner submits Patna High Court Cr.Misc. No.39588 of 2012 (2) dt.05-11-2012 2 / 3 2 that the petitioner has been falsely implicated since there is past enmity between the parties and the deceased and his son are named accused of Sonbarsa P.S. Case No.75 of 2011 registered for offence punishable under [STATUTE] in which cognizance has been taken against them. The petitioner is full brother of the informant in the said case. Learned counsel submits that even in the F.I.R. admittedly there is land dispute between the parties and thus the reason for false implication. Learned counsel submits that the falsity of the story as naratted in the F.I.R. is clear from the fact that one Basudeo Mahto, who has been assigned the specific role of dragging the deceased from the house, in fact died in the year 1998 itself. It is further submitted that the petitioner has clean antecedent and is in custody since 02.04.2012. A supplementary affidavit has been filed on behalf of the petitioner today. Let the same be kept on record. In the supplementary affidavit copies of the deposition of the son of the deceased, the daughter of the deceased, son-in-law of the deceased the informant and another co-villager has been annexed. Learned counsel draws the attention of this Court to the said deposition by which it is clear that the son, the daughter, the son-in-law as well as the co-villager have been declared hostile as they have not taken name of the petitioner or supported the prosecution story. Patna High Court Cr.Misc. No.39588 of 2012 (2) dt.05-11-2012 3 / 3 3 Even the deposition of the informant, who is P.W. 5, does not implicate the petitioner inasmuch as he has taken the name of others who have said to have killed her husband, but not the petitioner. Learned A.P.P. for the State submits that there is specific overt act alleged against the petitioner and even the post mortem report discloses that five injuries have been inflicted on the head of the deceased caused by the sharp cutting weapon and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court No-III, Sitamarhi in Sonbarsa P.S. Case No. 154 of 2011. The petitioner shall be physically present before the Court below on each and every date fixed and on failure to do so on two consecutive dates without sufficient cause shall lead to cancellation of the bail bonds of the petitioner. Anand Kr. (Ahsanuddin Amanullah, 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.