Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46612 of 2012 ====================================================== 1. Basudeo Rai @ Basu Rai 2. Ganesh Rai @ Manoj Kumar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in Desri (Chandpura O.P.) P.S. Case No. 83 of 2012 registered for the offences punishable under [STATUTE] and Section 27 of the Arms Act pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur. It is alleged that the petitioners and others caused firearm injury when subsequently the assault was made with lathi and farsa. It is submitted by learned counsel for the petitioners that during investigation, the accusation was found false and final form was submitted but differing with the same, the cognizance has been taken. In view of this Court, it is fit case for consideration of regular bail. Patna High Court Cr.Misc. No.46612 of 2012 (2) dt.18-12-2012 2/2 Let the learned court below consider the regular bail of the petitioners if the petitioners surrender within a period of six weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. Amrendra/- (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.