Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.49 of 2012 1. Salman Ali,Son of Basir Ahmad 2. Mahtab Alam, Son of Md. Ali 3. Shahid Ali, Son of Taufique Ahmad, Under the guardianship of Shekita Khatoon, Mother of the Shahid Ali Petitioner no.3, All are R/V Takiya Yakub, P.S. and Distt- Gopalganj----- Petitioners. Versus The State Of Bihar--- Opposite Party. ---------------------------------- 02. 10.01.2012. Learned counsel for the petitioner and learned A.P.P. for the State are present. This application has been filed for grant of bail to the petitioners under the provisions of the Juvenile Justice(Care and Protection of Children)Act, 2000. Earlier the prayer for bail had been rejected by the Principal Magistrate, Juvenile Justice Board, Gopalganj in J.E.No.90 of 2011 and the Cr.Appeal No.47 of 2011 had also been dismissed by order dated 19.12.2011 by the Sessions Judge, Gopalganj. The petitioners are named accused in Gopalganj P.S.Case No.267 of 2011, G.R.No.2475 of 2011 for alleged offence punishable under [STATUTE] and Section 27 of the Arms Act. 2 Learned counsel for the petitioners submits that the petitioners have been declared juvenile being 16 to 17 years of age and the allegation in the FIR is omnibus and at best the petitioners are the members of the mob and the allegation is that they were armed with lathi and sword. Learned counsel submits that the specific overt act of assault by weapon is attributed to other co-accused and not the petitioners. Learned counsel further submits that from the FIR itself it is evident that the rivalry is at village level politics between the incumbent Mukhiya and his opponents. Learned counsel submits that the petitioners have clean antecedent and that their parents shall ensure that they do not fall into any bad company. Learned counsel also submits that the petitioners are in custody since 04.09.2011. Considering the facts and circumstances of the case, let the petitioners, namely, Salman Ali, Mahtab Alam and Shahid Ali be released on bail on furnishing bail bond of Rs.5,000/-(five thousand)each with two sureties of the like 3 amount each to the satisfaction of Juvenile Justice Board, Gopalganj in connection with Gopalganj P.S.Case No.267 of 2011. One of the bailors should be the father of the petitioners who shall also give a bond of good behaviour with regard to the petitioners. The petitioners shall also present themselves physically at least once a month before the Probation Officer, Gopalganj and also as and when directed by him. The Probation Officer, Gopalganj shall maintain strict supervision over the petitioners. The application stands disposed off. B.Kr. (Ahsanuddin Amanullah,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.