Reuben, J.

1. This petition is directed against an order of the Sessions Judge of Patna allowing a petition under Sec. 436, Cr. P. C.

2. On 12-5-1951 at 11 P. M. C. P. Sinha Assistant Sub-Inspector of Police of Alamgunj police Station, instituted a case under Sections 148/ 323 and 436/511, I. P. C. on a first information report lodged by opposite party Md. Bashir relating to an occurrence which took place that night in Mirshikartoli in the jurisdiction oil the police station. The story told by him was that one Md. Sayeed of. Mirshikartoli remonstrated with one Anandi Mahto for entering the house of one Maju in Majus absence and Anandi became abusive. Thereupon Md. Bashir and Md. Sayeed removed him from the house. On this petitioner Rajindera and the son of one Punit Mahto ran south calling out:

"Dauro Mirshikartoli Wale Musalman logon ko lut lo. Anandiko sab pit raha hai."

On the alarm Jhamela Prasad and Nathuni Sao, petitioners, came to the corner of the road and called out:

"Mirshikartoli ko loot lo aur Musalmano ke ghar me ag laga do."

Thereafter a mob of about 250 Hindus, variously armed, came to the back of the house of Mt. Salema and began to beat her Chappar (roof) w