Case Facts:
Patna High Court Cr.Misc. No.40442 of 2011 (3) dt.31-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40442 of 2011 ====================================================== 1. Vijay Sah @ Vijo Sah S/O Kallaer Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 2. Sitaram Sah S/O Kallaer Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 3. Khatter Sah Vijay Sah @Vijo Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 4. Babuan Sah S/O Vijay Sah @ Vijo Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 5. Sanjay Sah S/O Sitaram Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03. 31-01-2012 Heard the parties. The petitioners are in custody in connection with Saharsa P.S. Case No. 119 of 2011 for offence punishable under [STATUTE] and subsequently Section 302 was added to the set out of allegations by reason of death of the brother of the informant. Learned counsel for the petitioners, with reference to the F.I.R. submits that the allegation made against the petitioners is general and omnibus in nature and all of them have been charged with assault on the brother of the informant. He further with reference to the postmortem report present at Annexure-2, submits that whereas four injuries have been mentioned on the Patna High Court Cr.Misc. No.40442 of 2011 (3) dt.31-01-2012 person of the deceased, the three of them are abrasions on other parts of the body and the fourth injury is on the scalp of the deceased. It is submitted that the allegation is omnibus and the petitioners are in custody since 4.8.2011. Regard being had to the submissions of learned counsel and having perused the materials on record, let the petitioners, namely, Vijay Sah @ Vijo Sah, Sitaram Sah, Khatter Sah, Babuan Sah and Sanjay Sah be released on bail upon each one of them individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case no. 119 of 2011. S.Sb/- (Jyoti Saran, 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.