Case Facts:
Patna High Court Cr.Misc. No.38407 of 2011 (14) dt.28-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38407 of 2011 ====================================================== 1. Ratnesh Prasad @ Ramesh Prasad @ Ratnesh Sah S/O Late Ajit Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13 28-08-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 05.07.2011 in a case registered under [STATUTE] and 17 of C.L.A. Act. According to prosecution case itself, at the time of alleged occurrence petitioner was lodged in jail in connection with another case and allegedly, he threatened the deceased one day prior to the alleged occurrence and entered into conspiracy along with other accused and in pursuance of the aforesaid conspiracy, the deceased was eliminated. Learned counsel for the petitioner submits that Para- 66 of the case diary reveals that Investigating Officer had asked the informant to provide the mobile number from which the call Patna High Court Cr.Misc. No.38407 of 2011 (14) dt.28-08-2012 had been made but informant did not provide mobile number to the Investigating Officer, so, the story of threatening as well as conspiracy flat on the ground. It is further contended by him that so far as removal of case diary is concerned, according to prosecution case, the aforesaid misdeed was happened when Mehndi Hasan was Investigating Officer of the aforesaid case but as a matter of fact, nothing was done in investigation when Mehndi Hasan was Investigating Officer of the case. On the other hand, learned counsel for the informant vehemently opposed the prayer submitting that deceased was witness in Kesariya P.S. Case No. 32 of 2011 in which the petitioner has been made accused. It is further contended by him that petitioner carries criminal antecedent of several cases and if he is released on bail, there is every possibility that he will tamper with the prosecution evidence. It is also contended by him that charge has already been framed and prosecution will produce the prosecution witnesses in near future within very short span of time. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial No. 734 of 2011 arising out of Patna High Court Cr.Misc. No.38407 of 2011 (14) dt.28-08-2012 Kalyanpur P.S. Case No. 71 of 2011 pending in the court of 7th Additional Sessions Judge, East Champaran at Motihari is, hereby, rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible. Furthermore, Superintendent of Police, East Champaran, Motihari is directed to ensure the presence of prosecution witnesses of Sessions Trial No. 734 of 2011 arising out of Kalyanpur P.S. Case No. 71 of 2011 before the court of 7th Additional Sessions Judge, East Champaran at Motihari and shall also take step for protection of the prosecution witnesses of the aforesaid case. Let a copy of this order be sent to Superintendent of Police, East Champaran at Motihari for needful. SHAHZAD/- (Hemant Kumar Srivastava, 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.