Case Facts:
Patna High Court Cr.Misc. No.3713 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3713 of 2012 ====================================================== Chandan Yadav, S/o Rajendra Yadav, Resident of Village- Kariyat, P.S- Sour Bazar, District- Saharsa .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 25-01-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is one of the named accused person in this case registered under [STATUTE] and 25(1-B)/26/27/35 of the Arms Act. The allegation is that the accused persons have fired upon police and it was retaliated. The submission is that one person was killed and the police in order to save its face have lodged this false case. It has also been submitted that the other co-accused persons namely, Rutan Yadav, Tempul Yadav and Dinesh Yadav in the similar circumstances has already granted bail by this Court vide Cr. Misc No. 39378 of 2010, Cr. Misc. No. 14343 of 2010 and Crl. Misc. No. 9200 of 2010 dated 29.03.2011 and 30.04.2011 respectively. Considering the facts and circumstances of the case, the petitioners, namely, Chandan Yadav is directed to release on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No.353 of 2008. Ashwini/- (Shyam Kishore Sharma, 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.