Case Facts:
Patna High Court Cr.Misc. No.43237 of 2012 (2) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43237 of 2012 ====================================================== 1. Radhe Shyam Bind S/O Shiv Nandan Bind R/O Village - Athar, Bind Toli, Police Station - Nawanagar, District - Buxar 2. Janardan Bind S/O Mathuri Bind R/O Village - Athar, Bind Toli, Police Station - Nawanagar, District - Buxar .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and section 27 of the Arms Act. In the background of the land dispute, it is alleged that sixteen persons came variously armed when Bir Bahadur Singh caused fire arm injury to Chandan Kumar, Kavita Kumari and Sumer Singh when Chandan Kumar succumbed to the injury. It is submitted that there is no accusation of assault against the petitioners and there is counter version of the occurrence also. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or Patna High Court Cr.Misc. No.43237 of 2012 (2) dt.18-12-2012 surrender before the learned Court below within a period of twelve 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 learned CJM, Buxar in connection with Nawanagar P.S. Case No. 131 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.