Case Facts:
Patna High Court Cr.Misc. No.14978 of 2012 (2) dt.10-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14978 of 2012 ====================================================== 1. Dinbandhu Paswan @ Dhiraj @Netaji @ Vidhayakjee S/O Raj Kumar Paswan R/O Village - Kothiya Fatehpur, P.S. Tariyari, Distt. - Shivhar .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-04-2012 Heard learned counsels for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence punishable under [STATUTE] and section 17 of the C.L.A. Act. It is contended that the petitioner is neither named in the first information report not anything incriminating has been recovered from his possession. His name transpired in course of investigation merely on suspicion. Apart from his confessional statement recorded by the police, there is no other material to connect him with the alleged offence and he is in custody since 25.7.2011. Be that as it may, considering the facts and circumstances of the case the petitioner named above 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 Patna High Court Cr.Misc. No.14978 of 2012 (2) dt.10-04-2012 satisfaction of learned 9th Additional Sessions Judge, Muzaffarpur in connection with S. T. No.108 of 2012/273 of 2012 arising out of Siwaipatti P.S. Case No.39 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (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.