Case Facts:
Patna High Court Cr.Misc. No.264 of 2011 (2) dt.09-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.264 of 2011 ====================================================== Pradeep Kumar Bishwas son of Satya Narayan Bishwas, resident of village- Sonali, P.S.-Kadna, District-Katihar .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Rama Nand Singh (S.I. cum Officer in charge of Kadwa Police Station ) under the district of Katihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kuamr Singh No.-2 For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 09-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. This present case is arising from Sessions Tr. No. 381/2007. In this case, charges has been framed against the petitioner under [STATUTE] . According to the F.I.R. that while he along with other police officials were standing in Baranda of the Police Station, Md. Suleman and others came there and asked as to whether that the documents relating to seize wooden logs has been prepared, whereupon the authority has assured that the document will be produced and also assured that the police will take decision in regard to release of Shamsad who was arrested under the Forest Patna High Court Cr.Misc. No.264 of 2011 (2) dt.09-02-2012 Act. It has been alleged that a mob of 700-800 people armed with lathi bhala etc. and they started abusing and theatening. It has been further alleged that 300-400 aggressive people surrounded the police station and forcibly broke the lock of Hajat and bring out the accused Samsad, they also damaged the articles, put the records on fire, started brick batting and the situation became uncontrolled and then the police force was compelled to resort one round fired so that the aggressive mob can be disbursed. The name of the petitioner was in the F.I.R. and after investigation, he has been charge-sheeted. This Court does not find any merit to interfere with the order of the court below, accordingly, this application is dismissed. However, petitioner will be a liberty to raise all the points before the court below at the appropriate stage of the trial. Mahesh/- (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.