IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.543 of 2010 1. SHASHI BHUSHAN THAKUR, SON OF LATE RAM SWARUP THAKUR 2. LALIT KUMAR 3. SANTOSH KUMAR THAKUR BOTH SERIAL NOS. 2 & 3 ARE SONS OF SHASHI BHUSHAN THAKUR. ALL RESIDENT OF VILLAGE AMAITHI, P.O. + VIA- NEHRA, P.S. BAHERA, DISTRICT DARBHANGA. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 13.5.2010 Learned counsel for the petitioners submits that the order taking cognizance and the revisional order is bad because the Court has not taken into consideration that there is insufficient material in the case diary to make out a case under Section 307 of the Indian Penal Code. It is further submitted that the investigating authorities did not find that a case is made out under Section 307 and, therefore, submitted charge sheet under Section 25 (1-B)A/26/35 of the Arms Act. Sessions Judge has recorded that the petitioners may raise these issues and refer to the case diary to say that it is a case of no evidence. The Court considering framing of charges should apply its mind and pass a reasoned order at the time of framing of charges with respect to the fact whether there is any material with respect to an offence under Section 307 of the Indian Penal Code. Learned counsel for the petitioners further submits that there is no sanction under the Arms Act taking cognizance. The sanction can be granted at any stage before commencement of the trial. I see no reason to interfere with the orders impugned. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)