Case Facts:
Patna High Court Cr.Misc. No.31633 of 2012 (3) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31633 of 2012 ====================================================== Farindra Giri @ Fanindra Giri .... .... 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 23-08-2012 Heard learned counsel for the parties. This is a petition for regular bail in a case registered under [STATUTE] and section 27 of the Arms Act. There is only allegation against the petitioner that he is only a member of unlawful assembly. He was neither armed with any weapon nor any overt act has been attributed to him. The allegation of firing is against the co-accused, namely, Jitendra Giri and Dinesh Giri by which one Umesh Giri succumbed to his injury. Hence, having regard to the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Bettiah (West Patna High Court Cr.Misc. No.31633 of 2012 (3) dt.23-08-2012 Champaran ) in Bettiah Muffasil (Mauna pool) P.S. Case No.071 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.