Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29749 of 2012 ====================================================== 1. Md. Salam @ Abdul Salam @ Sm. Salam 2. Md. Samiullah @ Motaleb. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 17-08-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation against the accused persons is to have assaulted the father and uncle of the informant when the father of the informant succumbed to the injuries. It is submitted by learned counsel for the petitioners that the petitioners were not sent up for trial as the accusation was found false and final form was submitted against them and only Md. Shamim was charge sheeted but differing with the final form, the cognizance has been taken against the petitioners also. Considering the fact that during investigation, the accusation was found false, 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 12 weeks from Patna High Court Cr.Misc. No.29749 of 2012 (2) dt.17-08-2012 2/2 today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Raxaul, East Champaran, Mothihari in connection with Adapur P.S. Case No. 03 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.