Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14528 of 2012 ====================================================== Jitendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.15757 of 2012 ====================================================== Harendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-04-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. It is alleged against five persons including these two petitioners before this Court to have resorted to firing when three persons including the informant received firearm injuries. Injuries have been found to be simple except two with regard to the same the opinion has been received. Patna High Court Cr.Misc. No.14528 of 2012 (2) dt.24-04-2012 2/3 It is submitted on behalf of petitioner Jitendra Yadav that who was contested on the post of Panchayat Mukhiya against the informant, hence, he has been implicated and it cannot be said that whose firing out of five persons actually hit three injured. It is submitted by learned senior counsel for the informant that since the informant defeating the petitioner Jitendra Yadav in Panchayat election, hence, in retaliation firing was resorted to when three persons received gun shot injuries. This Court is not inclined to grant anticipatory bail to the petitioners since the informant’s side received gun shot injuries but considering the fact that the accusation has been levelled against five persons when only three persons received injuries and the accusation is not specific, it is a fit case for consideration of regular bail if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Pawana P.S. Case No. 02 of 2012 pending in the court of learned Chief Judicial Magistrate, Bhojpur at Ara. With the aforesaid observation, both the Patna High Court Cr.Misc. No.14528 of 2012 (2) dt.24-04-2012 3/3 applications are disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (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.