Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25392 of 2012 ====================================================== 1. Md. Waliullah 2. Md. Sazid. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-07-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged against the petitioners that they surrounded Vinay Shahni and tied his hands when it is alleged against Bhikhari Miyan to have caused firearm injury at the chest of the victim. It is submitted by learned counsel for the petitioners that the main accused Bhikhari Miyan has been acquitted vide Sessions Trial No. 363 of 2011. The judgment has been brought on record as Annexure-2. A statement has been made in para 9 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, 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 Patna High Court Cr.Misc. No.25392 of 2012 (2) dt.24-07-2012 2/2 weeks from 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 Sub-divisional Judicial Magistrate, Sheohar at Sitamarhi in connection with Sheohar P.S. Case No. 62 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Learned court below will be at liberty to cancel the bail bond of the petitioners if they default for three consecutive occasions during trial. 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.