IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6976 of 2010 1. DHANANJAY MISHRA, & 2. Ashok Kumar Mishra Both are son of late Bhubneshwar Mishra Petitioners Versus THE STATE OF BIHAR OP ----------- 2/- 25.11.2010 Heard learned counsel for the parties. The petitioners seek quashing of the order dated 16.01.2010, passed by IInd Additional Sessions Judge, Bhagalpur in Criminal Revision Case No. 80 of 2009, by which he has refused to interfere in the order dated 05.01.2009, passed by Chief Judicial Magistrate, Banka in Rajoun P.S. Case No. 61 of 2006. The petitioners have sought to assail the order of cognizance on the ground that without adequate notices to the petitioners they have been declared absconders. Further, submission is that the order of cognizance with regard to Sections 341 and 323 IPC is beyond the period of limitation. Considering the contentions, this application is allowed to the extent that the order of cognizance under Sections 341 and 323 IPC is set aside and a direction is given to the Chief Judicial Magistrate, Banka to release the petitioners on bail on a surety to be determined by itself. With the aforesaid observation and direction, the application is disposed of . Ashwini/- ( Anjana Prakash, J.)