Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14372 of 2012 ====================================================== 1. Jai Nandan Paswan, son of Deo Saran Paswan, resident of village- Chapri, P.S.-Obra, District-Aurangabad. 2. Jitendra Singh @ Tiger @ Manjeet, son of Late Surjdeo Singh, resident of village-Chapri, P.S.-Obra, District-Aurangabad. 3. Arjun Paswan @ Ramesh Paswan, son of Nanhak Paswan, r/o village- Chapra, P.S.-Goh, District-Aurangabad. 4. Bhushan Sharma @ Bipin son of Late Ragho Sharma, r/o village- Chabura, P.S.-Anti, District-Gaya. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 05-04-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with a case instituted for the offence punishable under [STATUTE] , 174 & 175 of Railway Act and Section 17 of the Criminal Law Amendment Act. It is submitted that the case was registered against unknown. Nothing incriminating has been recovered from the possession of the petitioners. Their name transpired in course of investigation on the basis of confessional statement of Mahesh Singh @ Mahesh Mahto. One of the co- accused Hirday Das & Hirday Ravidas having identical allegation has already been granted bail by order dated 2.5.2011 passed in Cr. Misc. No. 12729 of 2011 by another Bench of this Court. The petitioners are in custody since 27.7.2011 and they have never been put on T.I. Parade. Patna High Court Cr.Misc. No.14372 of 2012 (2) dt.05-04-2012 2 / 2 2 Considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Railway Judicial Magistrate, Gaya in connection with Gaya G.R.P.S. Case No 122 of 2009 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.