Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37639 of 2011 ====================================================== Shah Raja, Son of Late Shah Jami Mohammad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 22-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] and 27 of the Arms Act, is one of the named accused in this case with specific allegation of shooting at the father of the informant resulting into his death. Submission is of false implication due to continued enmity and political rivalry between the parties. Considering the facts and circumstances, in view of postmortem report and statements of the witnesses, specifically, accusing petitioner, he does not deserve the privilege sought. Hence, prayer for anticipatory bail of the above named petitioner in connection with Birpur P.S. Case No. 95 of 2009, pending in the Court of Sub-Divisional Judicial Magistrate, Birpur, is hereby refused. Praveen-II/- (Akhilesh Chandra, 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.