Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15252 of 2012 ====================================================== Dharmnath Prasad @ Dhramnath Prasad .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 25-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] and 27 of the Arms Act. The accusation is of making assault. During investigation, accusation was found false and final form was submitted but subsequently on protest cognizance has been taken. Initially during investigation petitioner was granted regular bail. In view of the Court, the present anticipatory bail application is not maintainable in view of ratio laid down in the case of Bishundeo Sahu Vs. The State of Bihar & Ors reported in 2011(1) P.L.J.R. 731. This Court sees no reason for the learned Patna High Court Cr.Misc. No.15252 of 2012 (2) dt.25-04-2012 2 / 2 2 court below not to provide same privilege to the petitioner if the petitioner surrenders within a period of six weeks from the date of receipt of copy of this order in connection with Trial No. 2088 of 2011 arising out of Complaint Case No. C 906 of 1987 pending in the court of the learned S.D.J.M., Sikrahana at Motihari, East Champaran. It is expected that prayer for regular bail application of the petitioner will be disposed off preferably on the same. With this observation, the application is disposed off. Let the order be communicated through fax to the learned court below at the cost of the petitioner. 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.