Case Facts:
Patna High Court Cr.Misc. No.27479 of 2012 (2) dt.18-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27479 of 2012 ====================================================== 1. Yugal Yadav @ Yugesh Jee @ Ashutosh @ Ashutosh Jee S/o Shiv Nath Yadav 2. Suresh Yadav @ Chandan @ Chandan Jee S/o Late Ram Ratan Yadav .... .... 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. 18.07.2012 Heard the learned counsel for the petitioners and learned APP for the State. 2. The petitioners are in custody since 27.7.2011 in connection with alleged offences under [STATUTE] . registered in connection with Gaya Rail P.S. Case No. 122 of 2009. 3. According to the First Information Report which has been instituted against 7-8 extremists who are entered into the chambers of Station Master of Ismailpur Railway Station on 25.8.2009 and damaged the government property. 4. Learned counsel for the petitioners submits that these petitioners are not named in the First Information Report nor were arrested at the spot and no incriminating articles recovered from their possession. It is further submitted that four other similarly situated co- Patna High Court Cr.Misc. No.27479 of 2012 (2) dt.18-07-2012 accused persons have been granted bail by order dated 5.4.2012 passed by this Court in Cr. Misc. No. 14372/2012, so also another co-accused has also been granted bail by order dated 2.5.2011 passed in Cr. Misc. No. 12729 of 2011 (Annexure-2). 5. Considering the fact that the petitioners have not been named in the First Information Report and similarly situated co-accused persons have been granted bail, 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 Railway Judicial Magistrate, Gaya in connection with Gaya Rail P.S. Case No. 122 of 2009 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 fail to do so on two consecutive dates, their bail bond will be liable to be cancelled by the Court concerned. Fahad. ( 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.