Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5026 of 2012 ====================================================== Sudhir Kumar Sahani .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-02-2012 Petitioner is languishing in custody since 29.06.2011 in a case registered for the offences punishable under [STATUTE] . and Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. It is specifically alleged that Dilip Sah, Sohag Paswan, Mohar Lal Singh and Jawahar Singh killed the husband of the informant by making indiscriminate firing. It is submitted that petitioner was not named in the F.I.R. and his name subsequently sprang up on confession of co accused. A statement has been made in para 11 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner Patna High Court Cr.Misc. No.5026 of 2012 (2) dt.21-02-2012 2 / 2 2 namely Sudhir Kumar Sahani, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari in connection with Rajepur P.S. Case No. 76 of 2011. Shageer/- (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.