Case Facts:
Patna High Court Cr.Misc. No.28652 of 2012 (3) dt.18-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28652 of 2012 ====================================================== 1. Ramswaroop Yadav @ Vikash Yadav @ Vikash Jee S/O Late Govind Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 18-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 25.02.2012 in a case registered under [STATUTE] , ¾ of Explosive Substance Act and 17 of C.L.A. Act. Petitioner is not named in the first information report nor any witness claimed to have seen the petitioner committing the alleged crime and apart from this, petitioner has not been put on Test Identification Parade. Learned counsel for the petitioner submits that except criminal antecedent of the petitioner, there is nothing against him. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on Patna High Court Cr.Misc. No.28652 of 2012 (3) dt.18-09-2012 bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sherghati, Gaya in connection with Imamganj P.S. Case No. 64 of 2009. 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.