Case Facts:
Patna High Court Cr.Misc. No.4838 of 2012 (2) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4838 of 2012 ====================================================== Ramadhar Paswan, son of Ramchandra Paswan, resident of village Pakkapar, P.S. Dhibira, district Aurangabad .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Kamleshwar Prasad Singh, Adv. For the Opposite Party : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD) 2 01-02-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] and 17 of the Criminal Law Amendment Act. It is alleged that 23 named along with 75 unknown persons in the first information report damaged the road and cut the trees and on secret information the villagers disclosed the name of the petitioner. The petitioner is amongst the persons who have been named in the first information report and is in jail since 11.11.2011. It is submitted that there is only one case being Deo Sadar P.S. Case No. 120 of 2009, dated 09.10.2011, which is with regard to the occurrence two days prior to this occurrence. 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.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Dhibra P.S. Case No. 17 of 2009 to the satisfaction of the Chief Judicial Magistrate, Aurangabad. 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.