Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35861 of 2011 ============================================== ======== 1. Dilip Rai 2. Kachai Rai alias Sarpanch alias Nand Kishore Rai, both sons of late Mukhti Naths Rai 3. Ajeet Rai son of Chhetnu Rai alias Ram Kishore Rai, all R/o village Pachrukhi, P.S.Mufassil, District-Samastipur. .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ============================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s: Mr. S.K. Pandey,APP ============================================== ======== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 5. 25-01-2012 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Samastipur Town (M) P.S.Case No.357 of 2010 for the offences punishable under [STATUTE] . Allegation against the petitioners is of assaulting the brother of the informant and which ultimately led to his death. Patna High Court Cr.Misc. No.35861 of 2011 (5) dt.25-01-2012 2 Learned counsel for the petitioners, with reference to the allegation made in the F.I.R, submits that the allegations are omnibus and general in nature and no specific over act has been assigned to any of the accused persons. It is submitted that although nine persons alleged to have assaulted the deceased but the medical report shows only two injuries on the deceased. Regard being had to the submissions of the learned counsel, let the petitioners (1) Dilip Rai, (2) Kachai Rai alias Sarpanch alias Nand Kishore Rai and (3) Ajeet Rai be released on bail upon each one 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 Chief Judicial Magistrate, Samastipur in connection with Samastipur (M) P.S.Case No.357 of 2010. ahk (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.