Case Facts:
Patna High Court Cr.Misc. No.47663 of 2012 (2) dt.19-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47663 of 2012 ====================================================== 1. Fagu Yadav S/o Late Kashi Nath Yadav 2. Upendra Singh S/o Sri Hari Ji Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 19-12-2012 Heard the learned counsel for the petitioners and learned APP for the State. The petitioners are in custody since 31.08.2012 in connection with alleged offences under [STATUTE] . and 27 of the Arms Act registered in connection with Dhangai P.S. Case No. 25 of 2012. The allegation relates to the killing of informant’s elder brother, Sunil Kr. Singh. According to the Fir several persons including these two petitioners who are alleged to have shot the deceased by reasons of old enemity with the petitioners and his family members. Learned senior counsel for the petitioners submits that the allegations in the Fir are general and omnibus and there is no specific allegation with regard to firing or causing death as far as these petitioners are concerned. It is further Patna High Court Cr.Misc. No.47663 of 2012 (2) dt.19-12-2012 pointed out that similarly situated other Fir named accused Jitendra Singh, Saheblal Singh, Ramji Singh and Rameshwar Singh have already been granted bail by this Court in Cr. Misc. No. 33212 of 2012. Considering the aforesaid facts let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Dhangai P.S. Case No. 25 of 2012 on the following conditions- (i) That the petitioners will not indulge themselves in any similar or other offence. (ii) One of the bailors must be a close relative of the petitioners. (iii) The petitioners will be well represented on each and every date and if they fails to do so on two consecutive dates, their bail bond will be liable to be cancelled by the Court concerned. AnilKrSinha/- (Vikash Jain, 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.