Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20574 of 2012 ====================================================== Binod Kumar Singh & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 03-07-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that when police personnel came to remove the encroachment in pursuance to Encroachment Case No. 3/2011-12, on the order of petitioner No. 1 namely Binod Kumar Singh, petitioner No. 2 namely Banti Yadav put the jeep of the Circle Officer on fire. On enquiry the informant came to know that accused No. 7 to 32 and 150 unknown were engaged in making assault. Considering the fact that accusation of assault and overt act is not alleged against petitioner No. 1, let the petitioner No. 1 namely Binod Kumar Singh, in the event of his arrest or surrender before the Court below within a period of 12 Patna High Court Cr.Misc. No.20574 of 2012 (3) dt.03-07-2012 2 / 2 2 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri(T) P.S. Case No. 623 of 2011. Since there is specific accusation against petitioner No. 2 namely Banti Yadav, this Court is not inclined to interfere. However, let learned Court below consider regular bail of the petitioner No. 2, without being prejudiced by the order of this Court and keeping in view that F.I.R. has been registered under [STATUTE] . With the observations above, the application stands disposed off with regard to petitioner No. 2. 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.