Case Facts:
Patna High Court Cr.Misc. No.38977 of 2012 (3) dt.06-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38977 of 2012 ========================================== Dinesh Giri, son of Late Parmanand Giri .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 06-12-2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under [STATUTE] and Section 27 of the Arms Act. The petitioner is one of the named accused in this case with allegation of shooting at the deceased in the occurrence wherein one Mahendra Giri was also injured. Submission is of false implication and main accusation is against non-petitioner Jitendra Giri, and including the injured some other eye witnesses also exonerate the petitioner from the allegations, though, a few support the prosecution version. Further, petitioner is in custody having no other criminal antecedent except one case initially instituted against him bearing Bettiah Muffasil (Manuapul) Patna High Court Cr.Misc. No.38977 of 2012 (3) dt.06-12-2012 P.S. Case No. 313/2010, wherein he is on bail. If, it is so, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Muffasil (Manuapool) P.S. Case No. 71/2012, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (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.