Case Facts:
Patna High Court Cr.Misc. No.44377 of 2012 (2) dt.06-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44377 of 2012 ====================================================== 1Raghunath Mahto 2.Surendra Mahto and 3.Hari Nath Mahto, .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 06-11-2012 Heard learned counsel for the parties. This is an application for grant of regular bail for the offences under [STATUTE] . and section 27 of the Arms Act. All these three petitioners are named in the F.I.R. but the role attributed to Harinath Mahto, Raghunath Mahto and Surendra Mahto having armed with firearms is of general and omnibus allegation. It is alleged that co-accused Ram Lal Mahto opened fire from his licensee revolver causing injury in right thigh of Upendra Yadav who is the younger brother of the informant. Harinath Mahto is also alleged to have fired from his gun causing injury in right arm of Sonu Kumar Yadav @ Shri Lal Yadav which is opined by the doctor as simple in nature. But However, there is specific allegation against the co-accused Arvind Mahto of Patna High Court Cr.Misc. No.44377 of 2012 (2) dt.06-11-2012 firing from his rifle on Gagandeo Yadav, father of the informant who succumbed to his injury. Hence, having regard to the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Bettiah, West Champaran, in Shri Nagar Pujahan Police Station Case No.106 of 2012. AnilKrSinha/- (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.