Case Facts:
Patna High Court Cr.Misc. No.24763 of 2012 (2) dt.05-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24763 of 2012 ====================================================== 1. Hareshwar Singh 2. Lakhandeo Singh 3. Prabhunath Singh Sons of Sabha Singh 4. Ranvijay Singh @ Pappu Singh S/O Prabhunath Singh 5. Binda Singh @ Algu Singh S/O Basudeo Singh All resident of Village- Yar Mohammadpur, P.S.- Dariyapur, District- Saran At Chapra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 05-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with Protest cum Complaint Case No. c-3336/2010, (U.T. No. 205/2012) arising out of Hajipur S.C./S.T. P.S. Case No. 259 of 2009. The said Hajipur S.C./S.T. P.S. Case No. 259 of 2009 was registered under [STATUTE] and Section 3(1)(x)(i)(iii)(v) of S.C./S.T. Act on 24.06.2009 on the basis of written report of the informant Hakim Ram, the allegation is that when the informant was Patna High Court Cr.Misc. No.24763 of 2012 (2) dt.05-07-2012 ploughing the field, these petitioners came and tried to stop him from ploughing the filed. One of the co-accused persons, namely, Prabhunath Singh, who is petitioner no. 3 in this case is said to have abused the informant calling him ‘Chamar’. From the F.I.R. itself it appears that there is dispute between the informant and the accused persons with respect to the title over the land. My attention has been drawn to the final report submitted by the Police which is Annexure-2 to this application wherein the Police have treated the dispute to be of civil nature. Subsequently, the informant filed the Protest cum Complaint petition on the basis of which cognizance has been taken vide an order dated 27.7.2011. Keeping in mind, the fact that there is no allegation against the petitioners except petitioner no. 3 of commission of offence under S.C./S.T. Prevention of Atrocities Act and further that the Police after investigation have found the case to be civil in nature; I direct that the petitioners in the event of their arrest / surrender within four weeks from today before the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount, each to the satisfaction of the Judicial Magistrate, 1st Class, Saran at Chapra in connection with Hajipur S.C./S.T. P.S. Case No. 259 of 2009 (U.T. No. 205/2012), Patna High Court Cr.Misc. No.24763 of 2012 (2) dt.05-07-2012 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Saif/- (Chakradhari Sharan 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.