Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32376 of 2012 ====================================================== Rajesh Yadav @ Rajesh Kumar, Son of Kauleshwar Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 19-09-2012 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] , 4/5 of Explosive Substance Act, 25(1-B) a, 35, 36 of the Arms Act and 17 of the Criminal Law Amendment Act, is one of the named accused in this case on being apprehended during police raid conducted on some confidential information, wherein, from his possession one cellular phone was recovered and from the possession of other apprehended accused different articles and one of such co-accused, namely, Parmod Manjhi @ Parmod Mandal, who was apprehended with one country made pistol, has already been released on bail vide order dated 03/09/2012 passed in Cr. Misc. No. 33046/2012 by a Bench of this Court. Further, as submitted, petitioner though carries three criminal cases against him, but for minor offences, wherein, he is on bail. If it is so, 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 Sub-Divisional Judicial Magistrate, Sherghati in connection with Barachatti P.S. Case Patna High Court Cr.Misc. No.32376 of 2012 (2) dt.19-09-2012 2 No. 151/2012, subject to condition to remain physically present before the court 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.