IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45085 of 2008 1) Bal;miki Yadav, 2) Subelal Yadav, both sons of Chando Yadav, 3) Manoj Yadav, son of Shivdhari Yadav, village Karey, PS and District Sheikhpura – Petitioners. Vs. 1) The State of Bihar, 2) Raja Ram Yadav, son of Sita Ram Yadav, village Karey, PS and District Sheikhpura – Opp. Parties. 2 5.8.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 17.6.2008 passed in Sheikhpura PS Case No. 237/2005 by the C.J.M, Sheikhpura by which cognizance for the offences under sections 147, 148, 149 and 302 of the Penal Code has been taken against the petitioners. Learned counsel for the petitioners submits that the name of petitioner no.2 Subelal Yadav is not mentioned at paragraphs 11 and 12 of the case diary although his name transpired in paragraphs 13 and 25. It is also submitted that the police has found that one of the petitioner is a businessman and was not present at the place of occurrence. These aspects of the matter would need to be proved during the trial. In the circumstances I find no illegality in the impugned order. This application is dismissed. haque ( Sheema Ali Khan, J.)