Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.446 of 2012 Jay Ram Chouhan, Son of Hari Kishun Chouhan, resident of village – Lalan Ji Ke Dera, P.S. – Brahmpur, District – Buxar. Versus The State of Bihar ---------------------------------- 02/ 05.01.2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is said to be in custody since 19.6.2011 in connection with a case registered under [STATUTE] . It is contended that there is omnibus and general allegation against nine persons including the petitioner to have assaulted the informant, his wife, son and brother. When another son of the informant came in rescue the allegation is that his neck was twisted as a result of which he died. It is contended that though there are 3 injuries found on the person of the deceased Munna Chouhan, but no injury has been found on the neck. Injury no. 1 is swelling on the left parietal area whereas injury no. 2 and 3 are abrasion and bruise respectively on the arms of the deceased. Similarly circumstanced co- accused Toofani Chouhan, Dhanji Chouhan and Munna Chouhan have already been granted bail by order dated 8.12.2011 passed in Cr. Misc. No. 41382 of 2011. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2 Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 119 of 2011. DKS/ (Ashwani 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.