Case Facts:
Patna High Court Cr.Misc. No.35128 of 2012 (3) dt.07-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35128 of 2012 ====================================================== 1. Ras Bihari Singh S/O Sudhdeo Singh Resident Of Village- Retta, Police Station- Bariyarpur, District- Munger 2. Jhhoti Singh @ Choti Singh S/O Kamleshwar Singh Resident Of Village- Laxmipur, Police Station- Bariyarpur, District- ......... 3. Bansraj Singh S/O Late Dhanna Singh Resident Of Village- Laxmipur, Police Station- Bariyarpur, District- ......... .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 07-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] , section 27 of the Arms Act, sections 3 and 17 of the U.A.P. Act and section 17 of the C.L.A. Act. On reporting of firing, the police proceeded to the village but no trace was found and in the morning three dead bodies were recovered when it was found that Maoists came to collect grains from the villagers when Bind community retreated for kidnapping of the daughter of Bijay Singh in which two Maoists and one Murari Singh died. The name of the petitioners sprang up after three months of the occurrence. Patna High Court Cr.Misc. No.35128 of 2012 (3) dt.07-12-2012 It is submitted that the dead body of Murari Singh was found next day of the occurrence in the bush when there was no occasion for the witness not to depose as such for three months. It is submitted by learned counsel for the state, with reference to paragraph 214 of the Case diary that the petitioners participated in a meeting prior to the occurrence. However, it is submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent and on suspicion they have been made accused and others have been granted regular bail vide Cr. Misc. nos. 7115 and 31692 of 2012. Considering the aforesaid facts, this court sees no reason for the learned court below not to give similar relief to the petitioners in case the petitioners surrender within six weeks from today in connection with Bariarpur P.S. Case no. 127 of 2010 pending in the court of learned C.J.M., Munger. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioners. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.