Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16281 of 2012 ====================================================== 1. Suresh Yadav @ Chandan Ji, son of Late Ram Ratan Yadav, resident of village-Mirganj, P.S.-Paraiya, District-Gaya. 2. Subedar Mistri, son of Bitan Mistri, resident of village-Gorkatti, P.S.- Konch, District-Gaya. .... .... Petitioners Versus The State of Bihar. .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-04-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners who are in custody since 29.6.2011 and 3.9.2009 respectively seek bail in a case instituted under [STATUTE] , Section 27 of the Arms Act as well as Section 17 of the Criminal Law Amendment Act. It is submitted that the name of the petitioners transpired in course of investigation on the basis of confessional statement made before the police by co-accused Hirday Ravidas who has already been granted bail by order dated 7.1.2009 passed in Cr. Misc. No. 37914 of 2008. Several other co-accused having identical allegation like Birendra Kaushik @ Manish Jee, Dhananjay Yadav, Chandeshwar Ravidas @ Dilip Jee @ Raju Jee, Gorelal Rawani @ Sharwan Kumar @ Jagjiwan Kahar and Pahalwanjee @ Awadhesh Prasad Yadav have also been granted bail by different orders passed by this Court. Patna High Court Cr.Misc. No.16281 of 2012 (2) dt.20-04-2012 2 / 2 2 Be that as it may, considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Additional Sessions Judge-IV, Gaya in connection with S. Tr. No. 380 of 2011 arising out of Anti P.S. Case No. 07 of 2007 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.