Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2121 of 2012 ====================================================== Shiv Shankar Sharma & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 23-01-2012 Heard learned counsels for the petitioners, informant and State. Petitioners are apprehending their arrest in a case registered for the offences under [STATUTE] . and Section 27 of the Arms Act. It is alleged that on the eve of election assault was made. The specific accusation is against Sanjeev Singh and Sachidanand Sharma. It appears that during investigation the police found the accusation under bailable provisions, but differing with the same, cognizance has been taken on 22.09.2011 under [STATUTE] . and Section 27 of the Arms Act also. Considering the fact that there is no specific accusation of assault against the petitioners and the police found the accusation only under bailable provisions, let the petitioners namely 1. Shiv Shankar Sharma 2. Pankaj Kumar 3. Mirtunjay Kumar 4. Niwas Kumar @ Niwas Singh 5. Ramakant Sharma 6. Satish Singh @ Satish Kumar 7. Sunil Sharma, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Khizersarai P.S. Case No. 70 of 2006. SHAGEER/- (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.