Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13871 of 2012 ====================================================== Ganesh Sharma, Son of Late Jagdish Sharma. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 02-07-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. In this case, instituted against unknown, petitioner’s name emerged during investigation. Submission is of false implication and not naming the petitioner in spite of informant being Chowkidar of the village of the petitioner. Moreover, under almost similarly situated circumstance, other co-accused persons have already been enlarged on bail by different orders of this Court, including the order dated 20/06/2012 passed in Cr. Misc. No. 14317 of 2012. Having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Alipur P.S. Case No. 2 of 2002, subject to condition to remain physically present before the court Patna High Court Cr.Misc. No.13871 of 2012 (6) dt.02-07-2012 2 / 2 2 below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.