Case Facts:
Patna High Court Cr.Misc. No.2054 of 2012 (3) dt.18-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2054 of 2012 ====================================================== 1. Vijay Parbat S/O Lakhan Parbat Resident Of Village- Saraiya Birti Tola, P.S.- Paharpur, Dist.- East Champaran .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 18-04-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The role attributed to the petitioner is that he was catching hold of the deceased by throwing him on ground and pressing his hands and legs. However, there is, further, allegation that other accused persons stabbed and one Vikaspuri throttled the neck of the deceased. However, injury report shows only one sharp cut and other bruises, laceration and abrasion and there is no mention of pressing of neck, however, the role attributed to the petitioner of pressing of neck. The petitioner is in jail since 22.07.2011. Hence, having regard to the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Paharpur P.S. Case No. 28 of 2011 to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran. SA/- (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.