IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43374 of 2007 1. Munni Lal Prasad @ Munni Prasad, Son of Ramchandra Prasad. 2. Ramchandra Prasad, Son of Late Hira Rout. 3. Arjun Prasad, Son of Ramchandra Prasad. 4. Bishun Prasad @ Bishnu Prasad, Son of Ramchandra Prasad. 5. Shyam Prasad @ Shyam Kumar, Son of Bishun Prasad. 6. Dilip Kumar, Son of Barma Prasad. 7. Manoj Kumar, Son of Barma Prasad. All resident of Village Singha Chhapar, Police Station Bettiah (Muffasil), District West Champaran at Bettiah. --------- Petitioners Versus 1. State of Bihar. 2. Shambhu Prasad, Son of Bhikhari Rout, Resident of Village Singha, Police Station Bettiah (Muffasil), District West Champaran at Bettiah. --------- Opp. Parties ----------- 3 19.03.2010 Heard learned counsel for the petitioners and counsel for the State. The impugned order rejecting prayer of the petitioners under Section 228(i)(A) of the Cr.P.C. has been rejected solely on the ground that the said application did not contain name of the accused persons. From the order-sheet of the court below, it would be clear that all the seven accused persons were appearing and the application also was filed on behalf of “all the accused persons”. There is no warrant in law under Section 228 of the Cr.P.C. that such application has to be filed in the individual name of the accused persons. That being so, this Court would not be 2 in a position to sustain the impugned order and accordingly, the same is hereby set aside with a direction to the court below to re-hear the matter and pass a fresh order on the said application dated 3.1.2006 in accordance with law. It is, however, made clear that this Court has not gone into the merits and the contents of the application and has interfered only on account of procedural error as noted above. Rsh (Mihir Kumar Jha, J.)