Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.161 of 2010 ====================================================== Nag Narayan Singh S/O Late Bidya Singh R/O Vill.- Hariharpur, P.O.- Parsha Garh, P.S.- Ekma, Distt.- Saran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Nath Singh, S/o late Kapildeo Rai, village- Hariharpur , P.S. Ekma, District- Saran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. None For the Opp. Party No.2 : Mr. Ram Nath Singh (in person) For the State of Bihar : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 13-08-2012 Despite repeated calls, none appears on behalf of the petitioner to press this application. However, learned Additional Public Prosecutor appearing on behalf of the State and Mr. Ram Nath Singh, the newly added opposite party no. 2, appearing in person, are present. In the aforesaid circumstance, the present application stands dismissed for want of prosecution. The interim order dated 18.1.2012 passed by a Bench of this Court stands vacated. Opposite party no. 2, who has appeared in person, submits that the criminal case was lodged by him in the year 2003 against accused persons including the petitioner for offences under [STATUTE] . and other allied offences, yet for one Patna High Court CR. REV. No.161 of 2010 (4) dt.13-08-2012 2/2 reason or other the accused persons are deliberately delaying the disposal of the criminal trial. He contends that a direction may be issued to the learned trial court to conclude the trial at an early date. In view of the fact that the criminal prosecution started in the year 2003 i.e. almost nine years ago, the learned trial court is directed to take up the trial of the petitioner and other accused persons on priority basis and make an endeavour to conclude the same at an early date, preferably within a period of nine months from the date of receipt/production of a copy of this order. Let this order be communicated to the learned court below forthwith. RPS/- (Birendra Prasad Verma, 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.