Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3047 of 2012 ====================================================== 1. Tapu Singh 2. Brij Kishore Puri 3. Ashok Puri 4. Jwala Puri 5. Kunhar Puri @ Lulha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 27-03-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged in the first information report that six persons were assaulted with knife, while Sanni Purl and Sanjeev Puri pressed the neck with bamboo and Udai Singh, Narayan Giri and Jhunjhun Giri assaulted with rod whereas Nisha also pressed the neck. The post- mortem reflects only one sharp cut injury which creates prima facie doubt about the eye witness account of the informant. Patna High Court Cr.Misc. No.3047 of 2012 (3) dt.27-03-2012 2/2 In view of this Court that can be considered by the learned court below if the petitioners surrender within a period of six weeks from today in connection with Paharpur P.S. Case No. 28 of 2011 pending in the court of learned Chief Judicial Magistrate, Motihari, East Champaran. This application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (Dinesh Kumar Singh, 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.