Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39950 of 2012 ====================================================== Bijay Yadav s/o Late Biru Yadav Resident of village-Makduane, Singthu Police Station-Manpur District-Nalanda. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 05-11-2012 Heard learned counsel for the petitioner and learned A.P.P for the State. The petitioner is in custody in connection with Manpur P.S. Case No. 19 of 2012 registered for the offence punishable under [STATUTE] and 27 of the Arms Act. As per the F.I.R the petitioner alongwith other co- accused formed unlawful assembly and fired indiscriminately on the husband of the informant who has died as a result of the same. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and is in custody since 30.5.2012. It is submitted that the dispute was mainly between the deceased and one Rabindra Mahto and there was a case and counter case. There was also injury on Rabindra Mahto as well Patna High Court Cr.Misc. No.39950 of 2012 (2) dt.05-11-2012 2 / 2 2 as Arvind Kumar Yadav and Arvind Kumar Yadav who is an accused in the present case has lodged an F.I.R for the same occurrence which is Manpur P.S. Case No. 20 of 2012 against the witnesses of the present case. Learned counsel submits that the petitioner is a witness in Manpur P.S Case No. 20 of 2012. Learned counsel on instruction says that Shankar Chaudhary who is also named accused and is similarly situated to the petitioner has been granted bail by the High Court. Learned A.P.P for the State opposes the prayer for bail and submits that there is allegation of firing against the petitioner and death has been as a result of fireshot injury and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Manpur P.S Case No. 19 of 2012. Prakash/- (Ahsanuddin Amanullah, 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.