Case Facts:
Patna High Court Cr.Misc. No.31789 of 2012 (2) dt.24-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 31789 of 2012 ====================================================== Ram Pyare Kharwar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 24-08-2012 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] as well as Section 17 of the Criminal Law Amendment Act. There is allegation that about fifteen persons named in the First Information Report including this petitioner along with 35-40 (unknown) said to be the member of the MCC variously armed with weapons came and started firing causing injury to Satya Narayan Singh and Nagina Yadav. Learned counsel for the petitioner submits that the allegation is itself vague and there is no specific overt act against the petitioner. It is further submitted that some of the co-accused having similar allegation have been granted bail by this Court vide orders dated 25.07.2011 and 06.06.2012 Patna High Court Cr.Misc. No.31789 of 2012 (2) dt.24-08-2012 passed in Cr. Misc. Nos. 22205 of 2011 and 20231 of 2012. The petitioner is in jail since 13.03.2012. 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 5th Additional Sessions Judge, Kaimur at Bhabhua in connection with S. Tr. No. 310/124 of 2012, arising out of Adhaura P. S. Case No. 24 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.