Case Facts:
Patna High Court Cr.Misc. No.17666 of 2012 (2) dt.27-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17666 of 2012 ====================================================== Pradeep Yadav, son of Charitar Yadav, resident of village Madanipur, P.S.Karanda, District Ghazipur (Uttar Pradesh) .... .... 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 VIKASH JAIN ORAL ORDER 2 27-04-2012 Heard learned counsel for the petitioner and learned APP for the State. 2.The petitioner apprehends his arrest in connection with Durgawati P.S.Case No. 79 of 2007 (GR NO.757/2007) for the alleged offences under [STATUTE] and Section 27 of the Arms Act. 3. It transpires on a perusal of the FIR that the informant has alleged that the six accused persons named in the FIR approached in a Bolero jeep and chased the informant’s brother and committed his murder with fire arms. 4. Learned counsel for the petitioner submits that this petitioner is not an FIR named accused and further that he has been implicated in the matter only on the confessional statement of one of the co-accused Nathuni Singh. It further transpires that four of the five accused have been acquitted in Sessions Trial Case No. 113/2008/31/2008 by order dated 25.05.2010 (Annexure-2) whereas the fifth accused Nathuni Singh has been exonerated of the charge of Patna High Court Cr.Misc. No.17666 of 2012 (2) dt.27-04-2012 murder and has been punished only under the Arms Act. It is further submitted that in course of investigation, all that has come is that the petitioner has good relation with one of the co-accused Dhananjay Singh and that he also accompanied with Motorcycle, but no specific act has been alleged against this petitioner whatsoever. 5.Considering the above facts and circumstances as well as the fact that the informant being an eye witness himself to the entire episode has not named the petitioner in the FIR, in the event of the petitioner’s arrest or surrender within a period of 12 weeks from the date of communication of this order, let the petitioner Pradeep Yadav, son of Charitar Yadav be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua (Kaimur) in connection with Durgawati P.S.Case No. 79 of 2007 (GR NO.757/2007) subject to the condition laid down under Section 438(2) Cr.P.C., with the additional condition that he will attend the Court regularly till disposal of the case. In the event of his failure to attend on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to stand cancelled. Chandran (Vikash Jain, 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.