Case Facts:
Patna High Court Cr.Misc. No.18088 of 2012 (3) dt.09-07-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18088 of 2012 ====================================================== Murari Das, son of Janki Das, resident of village Shivganj, P.S. Barachatti, district Gaya .... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== With Criminal Miscellaneous No.18531 of 2012 ====================================================== 1. Niru Yadav @ Salim Ji @ Upendra Ji S/O Late Lila Yadav Resident Of Village- Manjhi, Police Station- Baracghatti, Dist.- Gaya.... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 09-07-2012 Heard the learned counsel for the petitioners and the State. This is a petition for grant of regular bail for offence under [STATUTE] , 17 of the Criminal Law Amendment Act, 11, 13, 16, 18, 19 and 20 of the Unlawful Law Assembly of Persons Act and 4 and 5 of the Explosive Substance Act. It is alleged that police on secret information that Maoist have stayed in the village to do some illegal act, raided the place along with the police party. The police arrested Niru Yadav and Murari Das along with one Bhola Yadav and Ganesh Yadav and it is stated that they are Area Commanders of the Moist Group. The learned counsel for the petitioners submits that except confessional statement of the petitioners, nothing has been recovered from their possession and the only material against the petitioners is that some fire arms were recovered, which is the explosive substance. It has been submitted that the petitioner Murari Das has no criminal antecedent and petitioner Niru Yadav is indulged in one another case. Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000 (rupees ten Patna High Court Cr.Misc. No.18088 of 2012 (3) dt.09-07-2012 2 thousand) each with two sureties of the like amount each in connection with Barachatty P.S. Case No. 418 of 2011 to the satisfaction of the Subdivisional Judicial Magistrate, Sherghati at Gaya. SA/- (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.