Case Facts:
Patna High Court Cr.Misc. No.10693 of 2011 (2) dt.05-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10693 of 2011 ====================================================== 1. Surendra Prasad Singh @ Surendra Singh S/O Late Ambika Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 2. Nageshwar Prasad Singh @ Nageshwar Singh S/O Late Ambika Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 3. Amod Prasad Singh @ Amod Singh S/O Late Ambika Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 4. Gaurav Kumar S/O Sri Vijay Kumar @ Vijay Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 5. Sourav Kumar S/O Sri Vijay Kumar @ Vijay Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 6. Vijay Kumar @ Vijay Singh S/O Late Sitaram Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 7. Bambam Singh S/O Late Bhola Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 8. Setu Kumar S/O Sri Mantun Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 9. Goutam Kumar S/O Sri Deepak Kumar Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 10. Santosh Kumar S/O Sri Deepak Kumar Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger 11. Amit Kumar S/O Sri Awadh Kishore Singh Resident Of Village- Galimpur, Kharagpur, District- Munger 12. Lalan Kumar Singh S/O Sri Nawal Kishore Singh Resident Of Village- Rehuwa, P.S.- Lakhisarai, District- Lakhisarai .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ajay Kumar @ Ajay Kumar Singh S/O Shri Balmiki Singh Resident Of Village- Itahari, P.S.- Naya Ram Nagar, District- Munger .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Navin Pd. Singh and Mr. Narayan Singh For the Opposite Party/s : Shaheen Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 05-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. In this case, petitioners are challenging the order dated 23.8.2010 by which the court below has taken cognizance for offences Patna High Court Cr.Misc. No.10693 of 2011 (2) dt.05-07-2012 under [STATUTE] . In the F.I.R., the allegation has been made that the accused persons along with two hundred unknown labourers forcibly harvested the Arhar crops and when they tried to prohibit the same they abused and also assaulted with fist and slaps. It has been submitted that in order to terrorise, Amod Prasad Singh has also assaulted, looted the crops and thereby caused the loss to the informant. The court below has taken cognizance on the statement made in the F.I.R. The counsel for the petitioners submits that the Police has submitted the Final Form stating that there is land dispute. The counsel for the petitioners submits that a Suit has been decided in their favour and Appeal is pending before this Court. As the Court has to see prima facie the case, this Court does not find any error in the order impugned. Accordingly, this petition is dismissed. However, liberty is given to the petitioners to raise all the points before the court below at the time of framing of charge. Mahesh/- (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.