Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43571 of 2011 ====================================================== 1. Naimuddin Mian @ Naimuddin Ansari @ Naimuddin Miya S/O Gulzar Mian, R/o Village Dilawarpur, P.S. Kesariya, Distt. East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 13-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kesariya P.S.Case No.89 of 2009 for offences punishable under [STATUTE] . Learned counsel for the petitioner, with reference to the Post Mortem Report, submits that there were four injuries found on the person of the informant one of which was on the head with abrasion. Learned counsel, further with reference to the F.I.R, submits that the assault on the head was attributed to one Patna High Court Cr.Misc. No.43571 of 2011 (3) dt.13-02-2012 2 Naimuddin Mian son of Mahboob Mian by means of Farsa. It is further stated that though the name of the petitioner is Naimuddin Mian but he is son of Gulzar Mian and not Mahboob Mian. Taking into consideration the submissions of the learned counsel, let the petitioner, Naimuddin Mian alias Naimuddin Ansari alias Naimuddin Miya be released on bail on 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, Motihari, East Champaran in connection with Kesariya P.S.Case No.89 of 2009. ahk (Jyoti Saran, 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.