Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41508 of 2012 ====================================================== Tribhuwan Kunwar S/O Suresh Kunwar R/O Village - Salauna, P.S. Bakhri, District – Begusarai. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 12-12-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . Later on, [STATUTE] . was also added. It is alleged that this petitioner, Suresh Kunwar, Ramesh Kunwar, Nilesh Kunwar, Ajit Kunwar came with lathi and bricks when Sita Devi, Bindu Devi and Sudha Devi came with Khanti and spade and assaulted the brother of the informant subsequently who succumbed to injuries. It is submitted by learned counsel for the petitioner that in the F.I.R., it is alleged that this petitioner alleged to have made assault to the deceased and the informant’s injury has been found to be simple but subsequently the informant changed Patna High Court Cr.Misc. No.41508 of 2012 (2) dt.12-12-2012 2 / 2 2 his version when he alleged accusation of assault against the petitioner and others in his subsequent statement and considering inconsistencies, Sudha Devi and Sita Devi named in the F.I.R., alleged to have assaulted the deceased were granted anticipatory bail by this Court vide Cr. Misc. No. 17872 of 2011. It is further submitted that the informant also lodged the complaint in which he included others as accused. Considering the fact that accusation of assault made to the deceased is not alleged against the petitioner in the F.I.R., and assailants to the deceased have been granted anticipatory bail by this Court, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Bakhari P.S. Case No.132 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.