IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36103 of 2008 1. Sheikh Musha, 2. Sheikh Asraf, 3. Sheikh Shaukat, 4. Sheikh Soib @ Sohail Akhtar All sons of late Sheikh Jahoor, resident of village- Barwa, P.S. Shokarpur, District- West Champaran, Bettiah. Versus 1. The State Of Bihar. 2. Ramtullah Ansari, son of Olayat Ansari, resident of village- Parsauri, P.S. Sahodra, District- West Champaran, Betiah. ----------- 3 22.07.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are aggrieved by the order of cognizance dated 15.09.2006 passed by the Chief Judicial Magistrate, West Champaran, Bettiah in Sahodra P.S. Case No. 36 of 2003. Learned counsel for the petitioners submits that a single independent witness supported the case besides which the Investigating Officer found the case was not true. Cognizance has been taken on the basis of protest petition. It is further submitted that there was another case of Sahodra P.S. Case No. 37 of 2003 filed in regard to the same offence, which has found to be true and chargesheet has been submitted in that case. It would be proper that both these cases should be heard side by side with precaution. Learned counsel for the petitioners has filed supplementary affidavit indicated that the charge sheet has been submitted under Sections 147, 148, 149, 323, 379, 307 of the 2 Indian Penal Code and 27 of the Arms Act. It is submitted that the lands belong to the petitioners and opposite party who are accused in Sahodra P.S. Case No. 37 of 2003 had formed an unlawful assembly and entered into the plot of land belong to the petitioners. All these aspect of the matter can only be considered during the trial of the case. I, therefore, find no illegality in the order impugned and thus this application is dismissed. Md. Ibrarul ( Sheema Ali Khan, J.)