Case Facts:
Patna High Court Cr.Misc. No.36438 of 2012 (2) dt.27-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36438 of 2012 ====================================================== Surendra Yadav @ Bhurkund @ Rausan Jee @ Bhurkund Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 27-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] , Section 27 of the Arms Act as well as Section 17 of the Criminal Law Amendment Act. It is alleged that on information that the extremists were firing indiscriminately at Toll Plaza police proceeded there. There is firing and counter-firing and thereafter the extremists receded. It is alleged that two persons died and it is asserted that 16 persons named in the First Information Report along with 20-25 unknown have done the occurrence. Learned counsel for the petitioner submits that except suspicion there is nothing against the petitioner. The other co- accused having similar allegation has been granted bail vide order dated 20.07.2011 passed in Cr. Misc. No. 12129 of Patna High Court Cr.Misc. No.36438 of 2012 (2) dt.27-09-2012 2011. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Amas P. S. Case No. 32 of 2010. Kundan/- (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.