Case Facts:
Patna High Court Cr.Misc. No.18637 of 2012 (6) dt.24-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18637 of 2012 ====================================================== Vijay Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 6 24-09-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] . Subsequently, [STATUTE] was also added. It is alleged in the FIR that nine persons assaulted the husband of the informant when he was taken to Aurangabad Sadar hospital and from there to Magadh hospital and ultimately to Varanasi but the victim died. It is submitted that the informant is not the eye witness to the occurrence when the eye witness account has been recorded in paragraphs 7, 8, 11 and 28 of the case diary where specific accusation of assault to deceased is against Dharmendra Singh when the petitioner alleged to have assaulted the brother of the deceased who received simple injury and postmortem report Patna High Court Cr.Misc. No.18637 of 2012 (6) dt.24-09-2012 reflects three injuries and cause of death has been opined due to head injury which is alleged against Dharmendra Singh It is submitted by learned counsel for the informant and state that the informant in subsequent statement in paragraph 4 of the case diary and other witness in paragraph 111 have stated that the petitioner also assaulted the deceased. Considering the assault by nine persons when only three injuries have been caused, in view of this court, it is a fit case for consideration of regular bail by the learned court below in case the petitioner surrenders within six weeks from today in connection with Aurangabad (T) P.S. Case no. 81 of 2012 pending in the court of learned C.J.M., Aurangabad. This application is disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioner. Anil/- (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.