IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49728 of 2007 1. AWADHESH PRASAD, son of Ram Ashis Prasad 2. Ram Ashis Prasad, son of Nathuni Prasad 3. Prahlad Prasad, son of Nathuni Prasad 4. Dharmsila Devi, wife of Prahlad Prasad All resident of village Dhekha, Laxameo Tola, P.S. Motihari Muffasil, District East Champaran Versus 1. THE STATE OF BIHAR 2. Rameshwar Prasad, son of late Mushan Prasad, resident of village Dhekha, Laxman Tola, P.S. Motihari (M), District East Champaran ----------- 4. 29.3.2010 Surendra/ Heard counsel for the petitioners and the counsel for the State. Considering the nature of the order and the stage, this Court is not impressed with the submission of the learned counsel for the petitioners as with regard to alleged error in the impugned order regarding exercise of power under section 228 Cr.P.C. The court below has considered whole aspect in an elaborate manner and therefore, it would be premature to give any finding as to whether the offence u/s 307 I.P.C. was made out or not. Considering this aspect counsel for the petitioners fairly submits that he will not press this application and the same is accordingly disposed of as not pressed. (Mihir Kumar Jha,J.)