Case Facts:
Patna High Court Cr.Misc. No.17446 of 2012 (2) dt.25-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17446 of 2012 ====================================================== Dina Prajapati son of late Rameshwar Prajapati, resident of village-Bajari, P.S.-Dhibra, Dist.-Aurangabad (Bihar) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 25-04-2012 Heard learned counsels for the petitioner and the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] , section 3 of Prevention of Damage to Public Property Act and section 17 of the C.L.A. Act. It is stated that co-accused Kamlesh Yadav, Ramadhar Paswan, Lallan Paswan, Dr. Israil, Vijay Yadav and Pun Yadav @ Kailka Ji @ Birbal Yadav have been granted bail by different orders of this court. The case of the petitioner is similar to that of the co-accused persons who have been granted bail. He is in custody since 16.7.2011. 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.17446 of 2012 (2) dt.25-04-2012 satisfaction of learned J.M., 1st Class, Aurangabad in connection with Dhibra P.S. Case No.17 of 2009 corresponding to G.R. No.2014 of 2009 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.