Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16418 of 2012 ====================================================== Binod Kumar Rai @ Binod Rai, Son of Late Vishwa Nath Rai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 30-04-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in a case registered under [STATUTE] and later on added [STATUTE] . The petitioner, who is in custody since 19.03.2012, is one of the named accused in this case of assault resulting into subsequent death of Dhaneshwar Sahni. Submission is that main accusation of inflicting fatal injury is upon Binod Kumar Rai, S/o Mahendra Rai and there is nothing specific against the present petitioner. Though, name is similar, but this Binod Rai is the son of Bishwanath Rai. Moreover, prayer of main assailant, namely, Binod Kumar Rai has already been refused by learned 1st Additional Sessions Judge, Samastipur vide order dated 17.02.2012 passed in B.P. No. 120/2012. Further, petitioner has also no criminal antecedent. If, it is so, considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing Patna High Court Cr.Misc. No.16418 of 2012 (2) dt.30-04-2012 2 / 2 2 bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur, in connection with Tajpur P.S. Case No. 163 of 2011, subject to condition to attend the court regularly 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.