IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5960 of 2008 JOKHU PRASAD & ORS Versus STATE OF BIHAR ----------- 02/ 30.03.2009 In brief an incident was informed to the Police by giving a fardbeyan (statement) by one Chintamani Tiwari alleging therein that he (informant) was planting paddy while he was informed that his brother was being assaulted by accused persons including the petitioners, reached near the house of Munni Thakur and Narayan Thakur. Petitioners shot firing from a pistol but that could not hit. Thereafter he was assaulted by Gokhur Prasad. Further it is said that all the accused persons assaulted him by means of lathi, danda. His father was also assaulted by them. Learned counsel appearing for the petitioners submits that case made against the petitioners is totally false, fabricated. There is counter case also. F.I.R. was lodged only for the offences under section 341, 323/34 of the Indian Penal Code. Lapses of more than seven years a petition was filed on behalf of the prosecution taking that into consideration the trial court added 27 of the Arms Act as one of the charges. According to him alleged firing did not hit any one nor any injury found. Land dispute is admitted in the case. Case and counter case for the incident of the same day is admitted. There is specific allegation of firing twice by the petitioner no. 4. Only against petitioner no. 4 material has been found sufficient for adding of charge under Section 27 of the Arms Act also. Order is not passed for admitting or adding or altering of charge against rest of - 2 - the accused. So, I find it, not a fit case for interference of this Court. This application is accordingly, dismissed. S.Sb/- (Mandhata Singh, J.)