Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45984 of 2012 ====================================================== Dipak Kumar, S/o Shri Basant Singh, resident of village-Subhai Gardh, P.S. Sadar Hajipur, District-Vaishali .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 12-12-2012 Heard Mr. Sudhir Singh, learned counsel appearing on behalf of the petitioner and learned counsel for the State. The petitioner is in custody in connection with Hajipur Sadar P.S. Case No. 63 of 2010 for offence punishable under [STATUTE] . The allegation against the petitioner is of assaulting the son of the informant by bricks and lathi and which assault proved fatal as the son of the informant succumbed to the injuries. Considering the nature of allegation the prayer of the petitioner was rejected by order dated 31.01.2012 in Criminal Misc. No. 42235 of 2011. It is stated that the case has since been committed and trial has started. A supplementary affidavit has been filed today stating on oath that the petitioner has a clean antecedent. It is the submission of learned counsel that the alleged occurrence is a consequence of the altercation which took place between the parties following the protest made by the deceased against the petitioner who was allegedly defecating in front of the house of the informant. He submits that the allegation does not make out an offence under Section 302 and that at best the petitioner could be charged under Section 304. He submits that in the circumstances that the petitioner has a Patna High Court Cr.Misc. No.45984 of 2012 (2) dt.12-12-2012 2 clean antecedent, his prayer may be considered. Taking into consideration the submission of learned counsel and considering the period of custody, let the petitioner Dipak Kumar be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Hajipur Sadar P.S. Case No. 63 of 2010 subject to the following conditions: (a) The statement of the petitioner that he has a clean antecedent shall be verified by the trial court before his release and if the same is found to be incorrect the petitioner shall not be released; (b) The petitioner shall be personally present on each and every date fixed in the trial and the failure on the part of the petitioner to attend the trial on two consecutive dates without any valid explanation to the satisfaction of the trial court would entitle the trial court to cancel his bail bonds and to take him into custody. S.Sb/- (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.