Case Facts:
Patna High Court Cr.Misc. No.47578 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47578 of 2012 ====================================================== 1. RAMJEE PASWAN SON OF FAKIRA PASWAN RESIDENT OF VILLAGE- KALDASPUR, P.O. CHURI, P.S. CHANDAUTI, DISTRICT- GAYA 2. NARESH PASWAN SON OF GOPAL PASWAN RESIDENT OF VILLAGE- KALDASPUR, P.O. CHURI, P.S. CHANDAUTI, DISTRICT- GAYA 3. PARTAP PASWAN SON OF INDRADEO PASWAN RESIDENT OF VILLAGE- KALDASPUR, P.O. CHURI, P.S. CHANDAUTI, DISTRICT- GAYA .... .... PETITIONER/S VERSUS 1. THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are in custody since 17.08.2012 in connection with Chandauti P.S.Case No. 175 of 2012 for the alleged offences under [STATUTE] . 3. According to the informant Santosh Kumar, while he was returning from one Yagya going on in the village after taking ‘prasad’ he saw several persons including the petitioners variously armed with pistol, rod and lathi. 4. In the ensuing assault allegations have been made with regard to persons other than the petitioners having committed the assault. Specifically the talwar blow leading to death of informant’s father Gopal Yadav is said to have been given by one Patna High Court Cr.Misc. No.47578 of 2012 (2) dt.17-12-2012 Shakar Prasad. 5. Learned counsel for the petitioner submits that the petitioners were merely members of the mob and no specific allegation with regard to any of them having committed assault or overtact. 6. Considering that the specific allegation of giving talwar blow leading to death of Gopal Yadav is against Shakar Yadav and not against the petitioners, let the abovenamed petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in Chandauti P.S.Case No. 175 of 2012 on the following conditions - (i) That the petitioners will not indulge themselves in any similar other offence. (ii) One of the bailors must be the close relative of the petitioners. (iii) The petitioners will be well represented on each and every date and if they fails to do so on two consecutive dates, their bail bonds will be liable to be cancelled by the Court concerned. Chandran (Vikash Jain, 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.