Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39763 of 2011 ====================================================== Mahendra Choudhary, S/o Late Ayodhya Choudhary, resident of Village- Madhu Kupia, P.S.-Chutiya,District-Rohtas. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Singh, Advocate For the Opposite Party/s : Mr. Uday Chandra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3- 03-02-2012 Heard the parties. The petitioner is in custody in connection with Chutiya P.S. Case No.09 of 2010 for the offences punishable under [STATUTE] , sections 3/4 f the Explosive Substance Act and section 17 of the Criminal Law Amendment Act. The FIR is against unknown and in relation to an explosion that occurred in the school building. The allegation is directed against 25-30 unknown extremists. Learned counsel for the petitioner submits that the occurrence has taken place in between the night of 31st March and 1st April 2010. The name of this petitioner for the first time has transpired by reason of a statement made by a witness on 21.6.2011 almost fourteen months of the date of occurrence. It is submitted that it is only by reason of his antecedent that he has Patna High Court Cr.Misc. No.39763 of 2011 (3) dt.03-02-2012 2 been roped in the present case, in absence of any material connecting him with the crime. Regard being had to the submission of learned counsel, let the petitioner, namely, Mahendra Choudhary 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Chutiya P.S. Case No. 09 of 2010. 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.