Case Facts:
Patna High Court Cr.Misc. No.7813 of 2012 (2) dt.06-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7813 of 2012 ====================================================== 1. Umesh Singh S/O Late Harihar Singh 2. Surendra Singh S/O Makhan Singh 3. Ajay Singh S/O Ram Singh 4. Jhula Singh S/O Ramawatar Singh 5. Mukesh Kumar S/O Ramawatar Singh, Resident of Village- Shiv Nagar, P.S- Beldour, District- Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 06-07-2012 Heard the parties. The Petitioners seek quashing of the order dated 18.07.2011/19.07.2011 passed by the Additional Sessions Judge, II, Khagaria, in S.C. No.147 of 2011 arising out of Beldour P.S. Case No.29 of 2010 by which he has refused the application filed under section 228 Cr. P. C. After having gone through the order impugned, I do not find any merit in the application, more so, because even if charge under [STATUTE] is framed, no prejudice would cause to the Petitioners since the same can be amended even during trial and conviction can be maintained under [STATUTE] . The application is dismissed. JA/- (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.