Case Facts:
Patna High Court Cr.Misc. No.45121 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45121 of 2011 ====================================================== 1. Sanjay Rai, son of Jagdish Rai, Vill. Sahpur Terasia,P.S.-Ganga Bridge,Dist.-Vaishali 2. Mogai Rai, son of Chandradeep Rai, Vill.-Sahpur Terasia,P.S.-Ganga Bridge,Dist.-Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Bihar Singh, Advocate. For the Opposite Party : Mr. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 2 23-01-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the prosecution arising out of Ganga Bridge P.S. Case No.34 of 2011 for the offences under [STATUTE] and 27 of the Arms Act. According to the First Information Report Ram Prabesh Rai and others armed with country made pistol and several other persons following them entered into the house and tried to assault the informant and his brother. Apprehending to the occurrence the informant and his Patna High Court Cr.Misc. No.45121 of 2011 (2) dt.23-01-2012 brother entered into the house and closed the door. The house was broken and they assaulted the informant side. In view of the nature of the allegation made in the First Information Report presently this Court does not want to interfere with the impugned order. This application is dismissed with a liberty to the petitioners to raise all the points before the trial court at the appropriate stage. Vinay//- (Shivaji Pandey, 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.