Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23354 of 2012 ====================================================== Santosh Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. It is alleged by the informant that when he woke up on the sound of gun shot firing he saw that Pran Yadav, Mithu Yadav and Rajo Yadav dragging Urmila Devi. Subsequently the dead body of the son of the informant, namely, Mantun Yadav was found at the door of Parmanand Yadav. It is further alleged that the petitioner fled away from the scene of the occurrence when it was suspected that the petitioner has conspired in commission of the offence. The suspicion was raised since the deceased has illicit relationship with Urmila. Patna High Court Cr.Misc. No.23354 of 2012 (2) dt.23-07-2012 2/2 It is submitted by learned counsel for the petitioner that there is no eye witness to the occurrence and the persons who were found fleeing away from the place of occurrence have been granted anticipatory bail. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj P.S. Case No. 99 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.