Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.797 of 2012 Sri Santosh Kumar Sinha @ Santosh Kumar Singh Versus The State Of Bihar ---------------------------------- 2/ 11.1.2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in Complaint case no. 498C of 2004 in which cognizance has been taken under [STATUTE] . It is alleged that the petitioner and others committed dacoity in the house of the complaint. It is submitted that the cognizance has been taken in 2009. The case of the petitioner is that he along with others being police officer, went to execute warrant of arrest against the husband of the complainant in Telhara P.S. Case nos. 119 and 153 of 2004. It is further submitted that other accused persons have been granted anticipatory bail. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Hilsa, Nalanda in the abovementioned complaint case subject to the conditions as laid down under section 438(2) of the Cr.P.C. Anil/ (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.