Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18295 of 2012 ====================================================== 1. Balister Bhagat @ Balister Kushwaha 2. Prabhu Bhagat @ Prabhunath Singh. 3. Jayshri Ram @ Shastri Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 13-07-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that for cutting the branches of the tree for cremation of the dead body of Baharan Sah, the FIR named accused persons made assault to Rajendra Bhagat (informant), and one Santosh Bhagat, subsequently, Rajendra Bhagat succumbed to the injuries. It is submitted by learned counsel for the petitioners that though, the petitioners are the co-villagers of the informant but they were not named in the FIR when in the FIR there is specific accusation of assault against eight named accused persons. It is submitted by learned counsel for the State that during investigation, the witnesses have named these petitioners as Patna High Court Cr.Misc. No.18295 of 2012 (3) dt.13-07-2012 2/2 associates of the assailants. Considering the fact that the petitioners were not named in the FIR, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Nautan P.S. Case No. 68 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.