Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40918 of 2012 ====================================================== 1. Kailash Mandal S/O Dhanik Lal Mandal R/O Vill-Goraiya Bathan, P.S.- Gogari Jamalpur, Distt-Khagaria. 2. Ajay Yadav S/O Chandsi Yadav R/O Vill-Goraiya Bathan, P.S.-Gogari Jamalpur, Distt-Khagaria. 3. Chandsi Yadav S/O Chhotelal Yadav R/O Vill-Goraiya Bathan, P.S.- Gogari Jamalpur, Distt-Khagaria. 4. Chhatari Yadav S/O Guno Yadav R/O Vill-Goraiya Bathan, P.S.-Gogari Jamalpur, Distt-Khagaria. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-11-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. The accusation is of indiscriminate firing by the accused persons including the petitioners when there is cross-firing also and during cross- firing, one lady received injury who subsequently succumbed to injury. It is submitted by learned counsel for the petitioners that considering the general nature of accusation other accused Bechan Rajak has been Patna High Court Cr.Misc. No.40918 of 2012 (2) dt.26-11-2012 2 / 2 2 granted regular bail by this Court vide Cr. Misc. No. 26865 of 2012. This Court sees no reason for the learned court below not to give the same privilege to the petitioners if they surrender within a period of six weeks from the date of receipt of copy of this order in connection with Bariarpur P.S. Case No. 15 of 2012 pending in the court of the learned C.J.M. Munger. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioners. U.K./- (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.