Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36408 of 2012 ====================================================== 1. Bhutun Yadav @ Anuj Yadav S/O Darogi Yadav Resident of Village- Patwas, P.S.- Fatehpur, District- Gaya. 2. Ajay Bhuiyan S/O Dalal Bhuiyan Resident of Village- Patwas, P.S.- Fatehpur, District- Gaya. 3. Krishna Bhuiyan S/O Sukhichand Bhuiyan Resident of Village- Patwas, P.S.- Fatehpur, District- Gaya. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Krishna Prasad Singh & Mr. Rakesh Singh, Advocates. For the Opposite Party : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 19-10-2012 Heard Mr. Krishna Prasad Singh, learned counsel for the petitioners and learned A.P.P. for the State. The petitioners are in custody in connection with Koderma P.S. Case No. 102/2008 instituted for offence under [STATUTE] . Learned counsel for the petitioners submits that the petitioners have been falsely implicated due to local politics and that there is no eye witness to the occurrence. It is further submitted that they have not been caught on the spot, no incriminating articles have been recovered and the allegations are general in nature. From the F.I.R. it is pointed Patna High Court Cr.Misc. No.36408 of 2012 (3) dt.19-10-2012 2 / 2 2 out that there is identical allegation against six named accused including the petitioners and the other three similarly situated co-accused namely Shakun Bhuiyan, Ganga Bhuiyan and Tiranga Bhuiyan have been granted bail by a co-ordinate Bench of this Court on 12.03.2010 in Cr. Misc. No. 7448 of 2010. A web copy of the said order is Annexure-2 to the present application. Learned A.P.P. for the State opposes the prayer for bail and submits that a couple have been murdered and the petitioner is alleged to be party to the same and thus prayer for bail should be rejected. Upon hearing learned counsel for the parties and considering the facts and circumstances of the case, let the petitioners above named be released on bail upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Koderma P.S. Case No. 102/2008. Anand Kr. (Ahsanuddin Amanullah, 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.