Case Facts:
Patna High Court Cr.Misc. No.43355 of 2012 (2) dt.31-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 43355 of 2012 ====================================================== Rajesh Mandal .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 31-10-2012 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] as well as Section 27 of the Arms Act. There is allegation that seven persons including this petitioner and three unknown surrounded the informant and his family members and there is specific allegation that on the command of Sabita Devi, Mukhiya, Pappu Mandal fired on Sanjay Kumar. Learned counsel for the petitioner submits that nothing has been alleged against the petitioner regarding any assault to the deceased. The only allegation against the petitioner is that this petitioner and one Ravi Mandal deterred by brandishing pistol and threatened the informant, brother and his sister. Learned counsel for the petitioner further submits that the petitioner has not been attributed any role with regard to assault of Sanjay Kumar. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on Patna High Court Cr.Misc. No.43355 of 2012 (2) dt.31-10-2012 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ad hoc Additional Sessions Judge, Special Court, Munger in connection with Sessions Trial No. 10A/2011 arising out of Kharagpur P. S. Case No. 181 of 2009. 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.