Case Facts:
Patna High Court Cr.Misc. No.19753 of 2011 (2) dt.11-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19753 of 2011 ====================================================== Sikandar Singh, Son of Bhatu Lal Singh, Resident of Village - Nirpur, P.S. Choutham, District - Khagaria. .... .... Petitioner Versus 1. The State of Bihar. 2. Sanjeev Kumar Singh, Son of Late Guna Singh, Resident of Village - Nirpur, P.S. Choutham, District - Khagaria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate. For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 11-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 23.4.1997 passed in Choutham P.S. Case No.163 of 1996 by the Chief Judicial Magistrate, Khagaria by which he has taken cognizance against the petitioner under [STATUTE] and 27 of the Arms Act. Learned counsel for the petitioner seeks permission to withdraw this application with a liberty to raise all points before the court below at the appropriate stage. Permission is accorded. Accordingly this application is dismissed as withdrawn with the aforesaid liberty. Vinay/- (Shivaji Pandey, 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.