Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37171 of 2012 ===================================================== Rupesh Sharma, son of Ashok Sharma, resident of village-Khajuria Sharma Tola, P.S. Govindganj, District-East Champaran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 2 05-10-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in Govindganj (Arearaj) P.S. Case No.182 of 2011 registered under [STATUTE] . Learned counsel appearing on behalf of the petitioner made submission that the allegation against the petitioner is only of lying the deceased on the earth. There is no specific allegation of cutting the neck of the deceased against the petitioner rather the same is against the other co-accused. It is further submitted that the similarly situated co-accused, Rakesh Kumar Sharma alias Rakesh Sharma, against whom there was also allegation of lying the deceased on the earth, has already been granted bail by a Bench of this Court vide order dated 16.3.2012 passed in Criminal Misc. No.10300 of 2012. Patna High Court Cr.Misc. No.37171 of 2012 (2) dt.05-10-2012 2 / 2 2 Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Govindganj (Arearaj) P.S. Case No.182 of 2011. P.S./- (Rajendra Kumar Mishra, 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.