Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18833 of 2012 ====================================================== 1. Pallu Khan, S/o Hamid Khan, resident of Village- Chainpur, Police Station- Chainpur, District- Kaimur (Bhabua). 2. Hashnain Khan, S/o Late Kutubuddin Khan, resident of Village- Naughara, Police Station- Chainpur, District- Kaimur (Bhabua). .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 11-06-2012 Heard learned counsel appearing on behalf of the petitioners and the learned Additional Public Prosecutor appearing for the State. The petitioners are apprehending their arrest in connection with Chainpur P.S. Case No.72 of 2010 (G.R. No.952 of 2010) for the offences punishable under [STATUTE] , section 27 of the Arms Act and section 33 of the Indian Forest Act, 1927. Learned counsel for the petitioners submits that apart from the fact that the police after investigation did not sent up these two petitioners for trial finding no material connecting them with the alleged offences, it is with reference Patna High Court Cr.Misc. No.18833 of 2012 (2) dt.11-06-2012 2 to an order dated 25.07.2011 passed in Cr. Misc. No.13410 of 2011 and order dated 25.08.2011 passed in Cr. Misc. No.28304 of 2011 submitted that four of the accused persons, namely, Sahatu Singh and Madan Singh in Cr. Misc. no.13410 of 2011 and Rakibuddin Khan and Kabir Khan in Cr. Misc. No.28304 of 2011 have been released on anticipatory bail by a Bench of this Court. It is further submitted that whereas Sahatu Singh and Madan Singh have been charge-sheeted by the police the petitioners have not been charge-sheeted and a copy whereof is placed at Annexure-2. Regard being had to the submission of the learned counsel and the materials on record, let the petitioners, namely, Pallu Khan and Hashnain Khan in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order be released on bail upon each of them furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Chainpur P.S. Case No.72 of 2010 (G.R. No.952 of 2010) subject to the conditions as stipulated in section 438(2) of the Code f Criminal Procedure as also the following conditions: Patna High Court Cr.Misc. No.18833 of 2012 (2) dt.11-06-2012 3 (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners; (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the grounds of misuse; (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fails to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse; and (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. SKPathak/- (Jyoti Saran, 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.