IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12272 of 2008 1. Md. Akhtar @ Md. Ali Akhtar, Son of Late Sakharat. 2. Jamil @ Md. Jamil, Son of Akhtar. 3. Farukh, Son of Md. Ajhar. 4. Khallo, Son of Ismile. 5. Nayim, Son of Late Sakharat. 6. Nasim, Son of Akhtar. 7. Idu, Son of Maldi. 8. Jarim @ Md. Jasim, Son of Lakkhi. 9. Mahfuj @ Md. Mahfuj, Son of Ajij. 10. Bibi Harima, Wife of Md. Aktar. All residents of Village- Bishanpur, P.S. Dhoraiya, District- Banka.............................................................................Petitioners. Versus THE STATE OF BIHAR........................................Opposite Party. ----------- 2. 05.05.2010. No one appears for the petitioners. However, the State is represented by Mr. M. N. Jha. The application is for quashing the order dated 05.10.2005 whereby in Dhoraiya P.S. Case No. 99 of 2004 cognizance has been taken under Sections 302/34 of the Indian Penal Code read with Section 3/4/5 of the Explosive Substance Act. From the impugned order, it appears that the police submitted final report and deferring with that on the basis of the materials available on record, the order of cognizance has been passed. Since the learned Magistrate has found the prima facie case under Sections 302/34 of the Indian Penal Code and Section 3/4/5 of 2 the Explosive Substance Act. Moreover, the order of cognizance is dated 05.10.2005 and the present stage of the trial is not available before this Court, I am not inclined to interfere with the impugned order at this stage. However, the petitioners are at liberty to raise all their contentions at the time of framing of charges if the charges have already not been framed. With this observation, this application is dismissed. U.K. (Dinesh Kumar Singh,J)