Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42045 of 2012 ====================================================== 1. Ishaq Mian @ Ishaque Mian S/O Late Juman Miyan R/O Village - Ahirwa Tola, P.O. Noniyadih, P.S. Raxaul, District - East Champaran. 2. Tabiza Khatoon W/O Md. Islam R/O Village - Ahirwa Tola, P.O. Noniyadih, P.S. Raxaul, District - East Champaran. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that when the police personnels were making search of a female on the Nepal boarder when 60-70 persons scuffled and started pelting stones on the raiding party when the petitioners were also named as the members of mob when no specific overt act has been alleged against them and it is further submitted that other similarly situated accused persons have been granted anticipatory bail by this Court. Considering the aforesaid facts, let the Patna High Court Cr.Misc. No.42045 of 2012 (2) dt.07-12-2012 2 / 2 2 petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Raxaul P.S. Case No. 217 of 2010(corresponding to G.R. No. 831 of 2010) on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.