Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12271 of 2012 ====================================================== Akhilesh Rai @ Akhileshwar Prasad Yadav .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 10-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. It is alleged that when police went to arrest one Laxman Rai the accused persons surrounded the police personnels and started firing when none got injured. It is submitted that the petitioner’s side lodged a Complaint Case No. 433 of 2011 against the police personnels hence the present case has been filed. It appears that Laxman Ray @ Laxman Prasad Ydav and another have been granted regular bail by this Court vide Cr. Misc. No. 44570 of 2011. This Court sees no reason for the learned court below not Patna High Court Cr.Misc. No.12271 of 2012 (2) dt.10-04-2012 2 / 2 2 to give the same privilege to the petitioner if the petitioner surrenders within a period of six weeks from the date of receipt of copy of this order in connection with Marhowrah P.S. Case No. 259 of 2011 pending in the court of the learned A.C.J.M., Saran at Chapra. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioner. U.K./- (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.