Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26373 of 2012 ====================================================== Munna Rai, Son of Ram Babu Rai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26516 of 2012 ====================================================== Munna Prasad, Son of Ram Sewak Prasad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 07-08-2012 Since both the applications arising out of one case are taken up together and being disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] , 27 of the Arms Act and 17 C.L.A. Act. None of the two petitioners are named accused in this case, it is instituted against unknown, but their names emerged during investigation in extra judicial confession of some of the co-accused persons. Submission is that except the above, there is absolutely nothing against the petitioners. Further, petitioners have never put on test identification parade nor anything was recovered from their possession, though, they are being remanded in the cases one after another and in a few they are on bail. Patna High Court Cr.Misc. No.26373 of 2012 (2) dt.07-08-2012 2 / 2 2 If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari, District – East Champaran, in connection with Rajepur P.S. Case No. 113 of 2010, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.