Case Facts:
Patna High Court Cr.Misc. No.27025 of 2012 (2) dt.23-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 27025 of 2012 ====================================================== Rudal Sahani .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 23-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] and 17 of the Criminal Law Amendment Act. Learned counsel for the petitioner submits that the First Information Report is against unknown. However, in this case there is confessional statement of the co-accused about participation of the petitioner. Learned counsel for the petitioner submits that 40-50 unknown persons are alleged to have been participated in the occurrence and no specific role attributed against the petitioner. The petitioner is in jail since 15.03.2012. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to 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 the learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in connection with Phenhara P. S. Case No. 21 of 2011, subject to the Patna High Court Cr.Misc. No.27025 of 2012 (2) dt.23-07-2012 condition that the petitioner shall appear in the case on each and every date fixed by the court below and any absence of the petitioner shall be subject to the satisfaction of the court below. Kundan/- (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.