Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35296 of 2012 ====================================================== 1. Harpal Yadav 2. Girja Shankar Yadav 3. Rameshwar Yadav 4. Nand Lal Yadav 5. Jhotil Yadav 6. Dhrup Yadav 7. Pramod Yadav 8. Feku Yadav 9. Prahalad Bin .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-09-2012 It is submitted that petitioner Nos. 4 Nand Lal Yadav 7 Pramod Yadav 8 Feku Yadav and 9 Prahalad Bin have been arrested, hence their application has become infructuous. Accordingly the same is disposed off. Petitioner Nos. 1, 2, 3, 5, 6 are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . and 3(1)(X) of S.C. & S.T.(Prevention of Atrocities) Act. It is alleged against the accused persons that they were assaulting Anil Gupta and his wife and when the informant intervened then he was also assaulted and abused by calling caste name and mobile and cash of the informant were snatched. It is submitted by learned counsel for the petitioners that the admitted case of the informant is that he Patna High Court Cr.Misc. No.35296 of 2012 (2) dt.18-09-2012 2 / 2 2 intervened in the fight between Anil Gupta and accused persons which suggests that informant was set up to lodge this case making accusation under S.C./S.T. Act. It is further submitted that accusation is not specific against the petitioners when for the same occurrence, F.I.R. was lodged by the wife of Anil Gupta also. In view of this Court, it is a good case for consideration of regular bail, if petitioner Nos. 1, 2, 3, 5, 6 namely Harpal Yadav, Girja Shankar Yadav, Rameshwar Yadav, Jhotil Yadav, Dhrup Yadav, surrender within a period of six weeks in connection with Bagaha S.C./S.T. P.S. Case No. 3 of 2012, pending in the Court of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners. Shageer/- (Dinesh 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.