Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39706 of 2012 ====================================================== 1. Iliyas Mian Alias Md. Iliyas S/O Ashramullah Village - Semra, Nijamat, P.S. - Sahebganj, Distt. - Muzaffarpur 2. Md. Seraj S/O Ashramullah Village - Semra, Nijamat, P.S. - Sahebganj, Distt. - Muzaffarpur 3. Md. Hasim S/O Hamid Mian Village - Semra, Nijamat, P.S. - Sahebganj, Distt. - Muzaffarpur 4. Md. Nezamuddin S/O Hamid Mian Village - Semra, Nijamat, P.S. - Sahebganj, Distt. - Muzaffarpur 5. Md. Ijhar Mian @ Md. Ijhar S/O Late Salim Mian Village - Semra, Nijamat, P.S. - Sahebganj, Distt. - Muzaffarpur 6. Jauwad Mian @ Md. Jawed S/O Mohammad, Village - Semra, Nijamat, P.S. - Sahebganj, Distt. - Muzaffarpur 7. Md. Sanjur Mian @ Md. Sanjur S/O Saheb Jan Mian Village - Semra, Nijamat, P.S. - Sahebganj, Distt. - Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-10-2012 Heard learned counsels for the petitioners and the State. The petitioners being agnates of the informant are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioners put the house of the informant on fire. It is submitted that same house is being claimed by both sides when there is counter version of the occurrence also with similar accusation to put the same house on fire. It is further Patna High Court Cr.Misc. No.39706 of 2012 (2) dt.18-10-2012 2/2 submitted that there are series of litigations going on between the parties. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of 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, Muzaffarpur in connection with Sahebganj P.S. Case No. 178 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (Dinesh Kumar Singh, 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.