Case Facts:
Patna High Court Cr.Misc. No.31041 of 2012 (3) dt.13-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31041 of 2012 ====================================================== 1. Mohd. Matiur Rahman @ Matephul , son of Haroon. 2. Mohd. Nurul Hoda, son of Doman. Both are resident of Village- Mangalpur, P.S. Rauta, District- Purnea. 3. Quaisar, son of Ali Ahmad @ Wali Ahmad, resident of Village- Mangalpur, P.S. Routa, District- Purnea. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. For the State :- Mr. Suresh Prasad Singh, A.P.P. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 13-09-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Rauta P.S. Case No. 06 of 2007, registered under [STATUTE] . However the occurrence is of 2007 and there is allegation that about 20-21 named accused persons including these petitioners came and kidnapped/abducted the husband and son of the informant. Learned counsel for the petitioners submits that prior to the occurrence there was allegation of rape against the son of the informant, hence a case was instituted. Learned counsel for the petitioners also submitted a death certificate of Rajendra Yadav. However, there is no specific allegation against these petitioners nor any overt act whatever alleged to have occurred Patna High Court Cr.Misc. No.31041 of 2012 (3) dt.13-09-2012 and allegation is general and omnibus. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Rauta P.S. Case No. 06 of 2007. m.p. (Gopal Prasad, 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.