Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34436 of 2012 ====================================================== 1. Surendra Singh 2. Om Prakash Singh @ Om Prakash 3. Tuntun Panda 4. Bhupesh Singh 5. Nipn Thakur @ Nipu Thakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-09-2012 It is submitted that petitioner nos. 3 and 5 namely, Tuntun Panda and Nipn Thakur @ Nipu Thakur have been arrested, hence, their application become infructuous and accordingly, it is disposed of. Heard learned counsels for the petitioners and the State. The rest of the petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of throwing brick bats during Ramnawmi procession when assault was made and shop was put on fire. The petitioners are not Patna High Court Cr.Misc. No.34436 of 2012 (2) dt.13-09-2012 2/2 named in the FIR. Subsequently their involvement sprang up on the scanning of the video of the procession. It is orally submitted that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners except petitioner nos. 3 and 5 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Gaya Kotwali P.S. Case No. 107 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.