Case Facts:
Patna High Court Cr.Misc. No.6004 of 2012 (2) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6004 of 2012 ====================================================== 1. Sanjeev Kumar S/O Late Kishori Mahto 2. Ram Satrughan Rai S/O Ralm Lochan Rai @ Bansh Lochan Rai Both are residents of Village & P.S.- Runnisaidpur, District- Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-02-2012 Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under [STATUTE] . It is stated that in the first information report nineteen persons including the petitioners were named. The police on completion of investigation submitted final form as against the petitioners and submitted charge-sheet on 13.7.2009 against other accused persons. The court below differing with the police report took cognizance of the offence. It is stated on behalf of the petitioners that prior to the institution of the present case, petitioner no.2 had instituted a case against brother of the informant and for that reason they have falsely been implicated in Patna High Court Cr.Misc. No.6004 of 2012 (2) dt.08-02-2012 this case. considering the facts and circumstances of the case let the petitioners named above, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S.Case No.216 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure and also subject to the condition that (i) both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners, (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority, (iii) that they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstance for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through their counsel and (iv) that liberty is given to the State to make an appropriate application Patna High Court Cr.Misc. No.6004 of 2012 (2) dt.08-02-2012 for modification/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this court. Md.S./- (Ashwani 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.