Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10165 of 2012 ====================================================== 1. Bindeshwar Yadav S/O Devan Yadav Resident Of Village- Nawadih, P.S.- Dobhi, District- Gaya .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 06-03-2012 Heard learned counsel for the petitioner. No one appears on behalf of the State. This is a petition for grant of regular bail for offence under [STATUTE] and 17 of the Criminal Law Amendment Act. The petitioner was in jail since prior to the date of occurrence and it is alleged that Pradeep Yadav, Karu Mistri and Rambilas Yadav armed with fire arms entered into the house and threatened not to depose in case as they are men of M.C.C. Learned counsel for the petitioners submits that Pradeep Yadav, Karu Mistri and Rambilas Yadav have been granted bail by this Court in Cr. Misc. No. 688 of 2011 and the only allegation is that the occurrence took place at the instance of this petitioner. Hence, having regard to the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sherghati (Dobhi) P.S. Case No. 162 of 2010 to the satisfaction of Subdivisional Judicial Magistrate, Sherghati, Gaya. SA/- (Gopal Prasad, 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.