Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36996 of 2012 ====================================================== Md. Khalil Mian @ Md. Khalil S/O Md. Bino Mian R/O Village - Navtolia, Police Station - Banka, District – Banka. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 30-10-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Chandan P.S. Case No. 108 of 1985 registered for offence punishable under [STATUTE] as well as Section 3/5 of the Explosive Substances Act. Learned counsel for the petitioner submits that the petitioner was granted bail earlier in the case and after commitment also appeared on 06.02.1996. After that it is his case that he being a poor labourer had gone outside the State for his livelihood and had entrusted an Advocate Clerk to make ‘pairvi’ on his behalf. It appears that the same not having been done, his bail bond stood cancelled and finally he was arrested on Patna High Court Cr.Misc. No.36996 of 2012 (2) dt.30-10-2012 2 08.06.2012. It is submitted that he was totally unaware of the situation working outside the State for long periods and totally unaware that his bail bond was cancelled being under erroneous impression that sufficient ‘pairvi’ was being made on his behalf. Learned counsel submits that even as per the allegation, the petitioner is said to have had a lathi with him and is alleged to have assaulted the informant without there being any major injury and thus even on merits the petitioner has been under custody for quite some time and even during the course of investigation he was in custody for almost a year. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner has misused the privilege of bail granted and thus should not be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Banka in connection with Chandan P.S. Case No. 108 of 1985 corresponding to Sessions Case No. 126A of 1987. The petitioner shall be represented before the trial court on each and every date. Non appearance on two consecutive dates Patna High Court Cr.Misc. No.36996 of 2012 (2) dt.30-10-2012 3 without sufficient cause shall be a ground for cancellation of the bail granted to him in the present case. Anjani/- (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.