Case Facts:
Patna High Court Cr.Misc. No.19685 of 2012 (3) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19685 of 2012 ====================================================== 1. Ballam Yadav S/O Aajoy Yadav .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 13-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 10.02.2012 in a case initially, registered under [STATUTE] and 27 of the Arms Act but later on, [STATUTE] was also added. No doubt, petitioner is named in the first information report with allegation that at the time of alleged occurrence he was carrying rifle in his hand but no specific overt-act has been attributed against him and according to prosecution case itself, it was co-accused Mahesh Yadav who opened fire on the deceased. Moreover, no cartridge of rifle was found on the place of occurrence and para-14 of the case diary reveals that only cartridges of gun were seized from the place of occurrence. Considering the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.19685 of 2012 (3) dt.13-07-2012 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Mokama P.S. Case No. 05 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, 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.