Case Facts:
Patna High Court Cr.Misc. No.24811 of 2012 (4) dt.27-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24811 of 2012 ====================================================== 1. Chano Mandal Son Of Late Bindeshwari Mandal .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 27-11-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 23.11.2011 in a case registered under [STATUTE] and 27 of the Arms Act. There is specific allegation against the petitioner that he opened fire causing firearm injury on the head of the deceased. The aforesaid allegation is corroborated by the post mortem report of the deceased. According to prosecution case, the alleged occurrence took place in the year 1995 whereas petitioner could be remanded in this case in the year 2011. Learned counsel for the petitioner submits that the other accused faced trial but prosecution witnesses did not support the prosecution story as a result thereof the co-accused were Patna High Court Cr.Misc. No.24811 of 2012 (4) dt.27-11-2012 acquitted of the charges. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Case No. 354 A of 2010 arising out of Pasraha P.S. Case No. 35 of 1995 pending in the court of Additional Sessions Judge, Fast Track Court-IV, Khagaria is, hereby, rejected. However, learned trial court should expedite the trial of the petitioner. 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.