Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 49295 of 2012 =================================================== 1. Sunder Yadav @ Sundar Yadav. 2. Balkeshwar Yadav. 3. Pramod Yadav. All are sons of Late Tek Narayan Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 19.12.2012 Heard learned counsel for the Petitioners and the State. The Petitioners seek bail in a case instituted for the offences under [STATUTE] and Section 27 of the Arms Act. Considering that there is no allegation against the Petitioners of having caused the death of the deceased and the occurrence took place on account of land dispute, let the Petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No. 71 of 2012 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is Patna High Court Cr.Misc. No.49295 of 2012 (2) dt.19-12-2012 2 any change in the address of the Petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that the Petitioners are accused in only one case on which they are on bail will be verified by the Magistrate concerned before releasing them on bail. Vikash/- (Anjana Prakash, 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.