Case Facts:
Patna High Court Cr.Misc. No.19178 of 2012 (2) dt.29-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19178 of 2012 ====================================================== Sumit Kumar @ Subodh Paswan S/O Sri Sanjay Paswan, resident of Village- Shri Tola, Ara, Police Station- Ara Nawada, in the district of Bhojpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 29-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Ara Nawada P.S. Case No. 486 of 2011 dated 30.12.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and other co-accused of assault which led to the death of the victim. Learned counsel submits that though the date of occurrence is 06.12.2011 at 4:45 p.m. but the F.I.R. itself was lodged on the fardbeyan which was given to the police at 10:30 a.m. on 24.12.2011 after the victim died. It is further submitted that no specific role has been assigned to the petitioner and only Patna High Court Cr.Misc. No.19178 of 2012 (2) dt.29-05-2012 2 allegation is that he also took part in the assault. Learned counsel also submits that the petitioner has no criminal antecedent and is in custody since 24.01.2012. Learned counsel submits that the delay in lodging the F.I.R. itself goes to show that due to oblique reasons the petitioner has been falsely implicated. Learned A.P.P. for the State, on the other hand, submits that the petitioner is also one of the persons who assaulted the victim who later died and thus does not deserve the benefit of 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No. 486 of 2011. This application, accordingly, stands disposed off. Md. Ibrarul/- (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.