Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23000 of 2012 ====================================================== Jagdamba Pandey S/O Late Dharam Nath Pandey Resident of Village Mahazampur, P.S. Garkha, District Saran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 02. 21-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Sessions Trial No. 366 of 2005 arising out of Garkha P.S. Case No. 31 of 2004 registered under [STATUTE] , Sections 135(i) and 136 (ii) of R.P. Act and Sections ¾ of the Explosive Substance Act. This is a case of misuse of privilege of bail. The petitioner has remained absconded since 2008. The petitioner is in jail custody since 07.02.2012. Having regard to the facts and circumstances of the case, the above named petitioner is ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each of the satisfaction of Assistant Patna High Court Cr.Misc. No.23000 of 2012 (2) dt.21-06-2012 2 Sessions Judge, 1st, Saran in connection with Sessions Trial No. 366 of 2005 arising out of Garkha P.S. Case No. 31 of 2004 subject to the condition that the petitioner shall appear in the case on each and every date fixed in the case. However, in absence of the petitioner on two consecutive dates shall be a ground for cancellation of bail bonds. S.Sb/- (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.