IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32761 of 2010 BHUNESHWER YADAV & ORS Versus STATE OF BIHAR ----------- 2. 6.10.2010. Heard. The order of cognizance dated 3.5.2010 passed by Chief Judicial Magistrate, Purnea in Rupauli P.S.Case No.40 of 2007 is under challenge. After having perused the impugned order, the court finds no reason to interfere with the same. However, the grievance of the petitioners is that the police report may not be constituting an offence exclusively triable by the court of Session like those under Section 307 or 436 of the Penal Code. The court is of the opinion that the same could be examined by the court of Session at the stage of hearing the petitioner or other accused under Sections 227 and 228 of the Cr.P.C. It is expected that the court of Session shall hear the petitioner who has a right to be heard and passed a reasoned order in that behalf. B.Kr. ( Dharnidhar Jha, J.)