Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18316 of 2012 ====================================================== Shyamdeo Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-06-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 24.06.2011 in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. It is alleged that six FIR named including the petitioner and 8 to 10 unknown accused persons surrounded the informant’s son Arbind and resorted to firing causing death of the informant’s son and injury to Mithu Yadav. It is submitted by learned counsel for the petitioner that there is no specific accusation that on whose firing hit the victim when the injured Mithu Yadav has not been examined under Section 161 of the Cr.P.C. and considering the same one Bipat Rai @ Bipat Yadav has been granted bail vide Cr. Misc. No. 51572 of 2008. Patna High Court Cr.Misc. No.18316 of 2012 (2) dt.27-06-2012 2/2 Considering the aforesaid 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 learned Additional Chief Judicial Magistrate, Barh in connection with Pandarak P.S. Case No. 03 of 2004/G.R. No. 07 of 2004. The learned court below will be at liberty to cancel the bail of the petitioner if he defaults for three consecutive occasions. DKS/ (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.