Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28631 of 2012 ====================================================== Kundan Patel .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3(1)(x) of the S.C./S.T. (Prevention of Atrocities)Act. It is alleged against this petitioner that he assaulted one Ramesh Ram by Lathi. The accused persons also assaulted Laxman Ram husband of the informant due to which he succumbed to injuries. It is submitted by learned counsel for the petitioner that accusation was found false against the petitioner during investigation and when post mortem reflects no injury and considering the same, Gurucharan Patel has been granted regular bail by this Court vide Cr. Misc. No. 34684 of 2011. This Court sees no reason for the learned Patna High Court Cr.Misc. No.28631 of 2012 (2) dt.13-08-2012 2 / 2 2 court below not to give the same privilege to the petitioner if the petitioner surrenders within a period of six weeks from the date of receipt of copy of this order in connection with Jogapatti (Nawalpur) P.S. Case No. 71 of 2009 pending in the court of the learned C.J.M., West Champaran at Bettiah. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioner. U.K./- (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.