Case Facts:
Patna High Court Cr.Misc. No.45032 of 2012 (2) dt.21-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 45032 of 2012 ====================================================== Sambhu Sao @ Shambhu Gupta @ Shambhu Shaw .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 21-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] , Section 27 of the Arms Act as well as Section 17 of the Criminal Law Amendment Act. It is alleged that 40-50 extremists after seeing the police party started firing and taking the advantage of darkness they fled away. However, the First Information Report is against unknown. Learned counsel for the petitioner submits that the only material against the petitioner is the confessional statement of the co-accused as well as the confessional statement of the petitioner and except that there is nothing against him. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released Patna High Court Cr.Misc. No.45032 of 2012 (2) dt.21-11-2012 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 learned Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Amas P. S. Case No. 10 of 2009, subject to the condition that the petitioner shall appear in the case on each and every date fixed by the court below. Kundan/- (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.