Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40229 of 2011 ====================================================== 1. Feku Shah, S/o Md. Daud Shah R/O Village- Kewara, P.S.- Punpun, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04. 21.03.2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under [STATUTE] and Section 27 of the Arms Act. The petitioner was refused bail by order dated 25.03.2011 since he was the main assailant of the deceased. The prayer for bail has been renewed on the ground of undue delay in trial. A report was called for from the Trial Court which reveals that not a single witness has been examined till date despite warrant of arrest. Considering that the petitioner is in custody since 20.10.2009 and he has no criminal antecedents, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of ADJ-III, Patna in connection with S.Tr. No. 983 of 2010 arising out of Punpun P.S. Case No. 59 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit Patna High Court Cr.Misc. No.40229 of 2011 (4) dt.21-03-2012 2 giving genealogy as to how he is related with the petitioner and the other bailor shall be the brother of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, 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.