IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45527 of 2008 Bhirgu Rai, Son of Madan Rai, Resident of village East Bisahi, PS Dariyapur, District Saran ---- Petitioner Versus State Of Bihar ----- Opposite Party ----------- 3 4.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order taking cognizance dated 3.10.2002/12.10.2002. The allegation against the petitioner is that there is demand of money and on denying the demand, the informant was assaulted by hockey stick and the money was snatched from him. Learned counsel for the petitioner submits that the order has been passed in a mechanical manner by the Chief Judicial Magistrate, Chapra and there is no material available on the record to make out a case under Sections 323 and 341 of the Indian Penal Code. These questions may be raised at the stage of framing of charges before the Court below who will consider as to whether the contents of the case diary would make out a case under Sections 323 and 341 of the Indian Penal Code. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)