Case Facts:
Patna High Court Cr.Misc. No.20248 of 2012 (2) dt.22-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20248 of 2012 ====================================================== Ashok Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20254 of 2012 ====================================================== Rupesh Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20272 of 2012 ====================================================== Santosh Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-06-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of killing the brother of the informant. This court is not inclined to grant anticipatory bail to petitioners Ashok Sharma and Rupesh Sharma considering the nature of accusations against them. Patna High Court Cr.Misc. No.20248 of 2012 (2) dt.22-06-2012 So far as petitioner Santosh Sharma is concerned, there is no specific accusation of assault against him. It is submitted that co accused Rakesh Kumar Sharma has been granted regular bail vide Cr. Misc. No. 10300 of 2012. Considering the aforesaid facts, this court sees no reason for the learned court below not to give similar relief to the petitioner Santosh Sharma in case the petitioner Santosh Sharma surrenders within six weeks from today in connection with Govindganj (Areraj) P.S. Case no. 182 of 2011 pending in the court of learned C.J.M., East Champaran at Motihari These applications are disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioners. 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.