Case Facts:
Patna High Court Cr.Misc. No.21684 of 2012 (2) dt.12-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21684 of 2012 ====================================================== 1. Rajendra Yadav S/o Late Laxmi Yadav 2. Madan Yadav S/o Late Anup Yadav .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 12.06.2012 Heard the learned counsel for the petitioners and learned APP for the State. 2. The petitioners are in custody since 29.11.2011 and 25.11.2011 in connection with alleged offences under [STATUTE] . registered in connection with Saur Bazar P.S. Case No. 242 of 2008. 3. The allegation relates to firing on the informant resulting in injury to the shoulder of informant and a First Information Report in this connection be instituted against certain persons named therein as well as some unknown persons. 4. Learned counsel for the petitioners submits that petitioner no.1 is not named in the First Information Report and petitioner no.2 has been named in the First Information Report. In any event similarly situated persons have already been granted bail by various orders Patna High Court Cr.Misc. No.21684 of 2012 (2) dt.12-06-2012 of this Court as contained in Annexure-2 & 3 annexed with the bail petition. There is nothing to show that the injury caused to the informant is attributable to either of the present petitioners. 5. Considering the aforesaid facts, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 242 of 2008 on the following conditions- (i) That the petitioners will not indulge themselves in any similar or other offence. (ii) One of the bailors must be a close relative of the petitioners. (iii) The petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled by the Court concerned. Fahad. (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.