Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39925 of 2012 ====================================================== Md. Mustaque @ Mustafa S/O Late Md. Jalaluddin R/O Village - Desri, Police Station - Bibhutipur, District – Samastipur. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 05-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Bibhutipur P.S. Case No. 69 of 2012 instituted for offence punishable under [STATUTE] as well as Sections 25 (1-B) (a), 26, 27 and 35 of the Arms Act. The allegation against the petitioner is that he along with four other persons had come near the house of the informant on 02.04.2012 and abusingly asked for the husband of the informant. When the informant told them about her ignorance, the petitioner is said to have fired on her but she escaped and instead the bullet is said to have hit the she-goat of the informant resulting in the Patna High Court Cr.Misc. No.39925 of 2012 (2) dt.05-11-2012 2 death of the she-goat. It is alleged that the petitioner exhorted others to sacrifice the she-goat on which she-goat was held by one of the accused namely, Sultan and another co-accused tried to kill the she-goat with knife. It is further alleged that due to noise being raised other co-villagers assembled there and the informant with the help of other co-villagers seized the pistol from the hand of the petitioner and they ran away. It is stated that the said pistol and dead she-goat was handed over to the police resulting in the F.I.R. Learned counsel for the petitioner submits that the parties are ‘gotiya’ being neighbours and there is land dispute between them. It is further submitted that the story itself is absurd since it is first alleged that the shot was fired at the informant but later on there is no allegation as to why subsequently no shot was fired and instead the accused wanted to kill the she-goat. It is further submitted that though the incident is alleged to have taken place at 4:00 p.m. on 02.04.2012 but the F.I.R. was lodged only at 8:30 a.m. on the next day i.e., 03.04.2012. Learned counsel submits that it is unbelievable that if the petitioner along with four others was armed with a pistol and had also fired on the informant, then how come later on the pistol was snatched away from them and they ran away from there. Learned counsel submits that when the police raided the house of the petitioner in connection with the Patna High Court Cr.Misc. No.39925 of 2012 (2) dt.05-11-2012 3 present F.I.R., it is alleged that there was recovery from the house on the very next day i.e., 04.04.2012 and another case was lodged for that and the petitioner was taken into custody and thereafter he has been remanded in the present case on 04.06.2012. Besides the present case and the connected case there is no criminal antecedent of the petitioner. It is further submitted that the co-accused have been granted bail by the court below itself. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner is alleged to have fired upon the informant and also killed the she-goat and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur in Bibhutipur P.S. Case No. 69 of 2012. Anjani/- (Ahsanuddin Amanullah, 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.