Case Facts:
Patna High Court Cr.Misc. No.42391 of 2012 (2) dt.07-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42391 of 2012 ========================================== 1. Sanjay Halwai, son of Shri Dharmnath Halwai 2. Petu Halwai @ Nathuni Halwai, son of Shri Mahesh Halwai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 07-12-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioners who have been made an accused in a case registered for the offences punishable under [STATUTE] . In this case of the year 2005 initially petitioners were exonerated by police after investigation. However, during trial, learned court below issued notice under Section 319 of the Code of Criminal Procedure and petitioner is in custody having no criminal antecedent. If, it is so, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. – V, Ara at Bhojpur, in connection with Bihiya P.S. Case No. 09 of 2005 (Corresponding to G.R. No. 88 of 2005), with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.