IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.150 of 2008 1. SURESH YADAV AND 2. MITHILESH SINGH …. Petitioners Versus THE STATE OF BIHAR …. Opposite Party ----------- 2. 28.11.2008. N.H./ Heard the learned counsel for the petitioners. The submission of the learned counsel for the petitioners is that in the facts and circumstances of the case only section 304 A of the I.P.C. is applicable in this case and not section 304 I.P.C. However, on perusal of the impugned order dated 4.1.2008, it appears that sufficient grounds along with the materials have been referred for framing of the charge under section 304 I.P.C. At this stage, I am not inclined to interfere in the impugned order. This application is rejected. However, the petitioners shall be at liberty to raise all the points at the appropriate stage of the trial. ( Ghanshyam Prasad )