Case Facts:
Patna High Court Cr.Misc. No.4790 of 2012 (2) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4790 of 2012 ====================================================== Kamlesh Yadav, son of Ramsunder Yadav, Resident of Village- Golha Tole Ghurandih, P.S. Dhibra, District- Aurangabad. .... .... Petitioner. Versus The State of Bihar & Ors. .... .... Opposite Parties. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD) 2 01-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Dhibra P.S. Case No. 14 of 2008, registered under [STATUTE] and 3/5 of the Explosive Substance Act and 17 C.L.A. Act. The petitioner was not caught at the spot and it is alleged that when the police proceeded to raid and visited the spot accused persons flee away taking advantage of the darkness. However, co-accused Satyendra Yadav having similar allegation has been granted bail by this Court in Cr.Misc. No. 20625 of 2009. Having regard to the facts and circumstance of the above, the above named petitioner is directed to 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 Patna High Court Cr.Misc. No.4790 of 2012 (2) dt.01-02-2012 Chief Judicial Magistrate, Aurangabad, in connection with Dhibra P.S. Case No. 14 of 2008. m.p. (Gopal Prasad, J.)

Applicable IPC Section: 149

Statute Text:
Section 149 of the Indian Penal Code. If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.