Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21391 of 2012 ====================================================== 1. Pikesh Yadav S/O Rambilash Yadav Resident Of Village- Hansusingh Tola Harimar, P.S.- Bariyarpur, District- Munger..... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 13-06-2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody since 6.1.2012 in connection with alleged offences under [STATUTE] and Section 27 of the Arms Act registered in connection with Bariyarpur P.S.Case No.73 of 2009. Allegation in the F.I.R. relates to firing made by 8 named persons leading to death of the informant’s father. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R and has been implicated only on the basis of the statement of Manojl Kumar Singh (who is also not named in the F.I.R.) and later on, has already been granted bail by this court on 1.8.2011 passed in Cr.Misc.No.24438 of 2011. It is further stated that similarly Patna High Court Cr.Misc. No.21391 of 2012 (2) dt.13-06-2012 2 situated co-accused Koko Das who was also not named in the F.I.R. has been granted bail on 15.9.2011 in Cr.Misc.No.26550 of 2011. Considering the above facts, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate. Munger in connection with Bariyarpur P.S.Case No.73 of 2009 on the following conditions: (I) That the petitioner will not indulge himself in any similar or other offence. (ii) That one of the bailors must be a close relative of the petitioner (iii) That the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the court concerned. ahk/- (Vikash Jain, 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.