Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14496 of 2012 ====================================================== Raghan Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-04-2012 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. The accusation is that 7-8 persons variously armed with rifle, gun and pistol came and caused firearm injury to the father of the informant. Six persons were named in the F.I.R. excluding the petitioner. Subsequently, the informant filed protest petition but did not raise any suspicion against the petitioner. Subsequently named of the petitioner sprang up in confessions of Babloo Yadav and Diwakar Yadav before the police. Patna High Court Cr.Misc. No.14496 of 2012 (2) dt.23-04-2012 2/2 It appears that Diwakar Yadav has been granted regular bail vide Cr. Misc. No. 40317 of 2011. I see no reason for the learned court below not to give same privilege to the petitioner if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Ghoswari P.S. Case No. 54 of 2011 pending in the court of learned Additional Chief Judicial Magistrate, Barh. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. 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.