Case Facts:
Patna High Court Cr.Misc. No.18988 of 2012 (2) dt.28-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18988 of 2012 ====================================================== 1. Md. Absar S/O Late Rustam R/O Village- Mahalbari, P.S.- Angarh, Dist.- Purina .... .... 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 AHSANUDDIN AMANULLAH ORAL ORDER 2. 28-05-2012. Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in Angarh P.S. Case No. 11 of 2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that though the allegation is that the petitioner along with others assaulted the daughter of the informant with lathi, danda and other deadly weapons which caused death, but according to the post- mortem report, only one injury on the neck has been found and the cause of death is said to be due to throttling. Learned counsel has produced a web copy of order dated 15.5.2012 passed by a Coordinate Bench of this court in Cr. Misc. No. Patna High Court Cr.Misc. No.18988 of 2012 (2) dt.28-05-2012 2 183415 of 2012, Cr. Misc. No. 18985 of 2012 and Cr. Misc. No. 18641 of 2012 by which other similarly situated co- accused have been granted anticipatory bail. Let the copy of the order be kept on record. Learned APP for the State, on the other hand, submits that the petitioner was one of the persons responsible for causing death of the deceased and thus does not deserve the privilege of bail. Considering the facts and circumstances of the case, let the petitioner, named above, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Angarh P.S. Case No. 11 of 2011. ahk/- (Ahsanuddin Amanullah, 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.