Case Facts:
Patna High Court Cr.Misc. No.19685 of 2012 (3) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19685 of 2012 ====================================================== 1. Ballam Yadav S/O Aajoy Yadav .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 13-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 10.02.2012 in a case initially, registered under [STATUTE] and 27 of the Arms Act but later on, [STATUTE] was also added. No doubt, petitioner is named in the first information report with allegation that at the time of alleged occurrence he was carrying rifle in his hand but no specific overt-act has been attributed against him and according to prosecution case itself, it was co-accused Mahesh Yadav who opened fire on the deceased. Moreover, no cartridge of rifle was found on the place of occurrence and para-14 of the case diary reveals that only cartridges of gun were seized from the place of occurrence. Considering the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.19685 of 2012 (3) dt.13-07-2012 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Mokama P.S. Case No. 05 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, 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.