IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29408 of 2008 1. LALAN MANDAL, SON OF YADU MANDAL. 2. RAJA RAM MANDAL, SON OF YADU MANDAL. 3. GOPAL MANDAL @ GOPAL KUMAR, SON OF LATE BHAROSI MANDAL ALL ARE RESIDENT OF VILLAGE ORAIYA, P.S. AND DISTRICT LAKHISARAI. ---- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. BINDESHWARI MAHTO, SON OF DASRATH MAHTO, RESIDENT OF VILLAGE ORAIYA, P.S. & DISTRICT LAKHISARAI. ---- OPPOSITE PARTIES ----------- 2 23.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 26.5.2008 passed in G.R. No. 122 of 2003 arising out of Lakhisarai P.S. Case No. 51 of 2003 by the Additional Chief Judicial Magistrate, Lakhisarai by which cognizance has been taken under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that although petitioner nos. 1 and 2 have been shown as the main assailant in the First Information Report, subsequent investigation indicates that the informant had killed his brother and implicated petitioner nos. 1 and 2 as there was previous enmity with them. All these aspects of the matter cannot be decided at the stage of cognizance. The Court has to see whether prima facie case is made out against the petitioners or not. These matters can only be urged and finally decided when evidence is led in this case. As such I see no reason to interfere with the order impugned. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)