IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6968 of 2008 ***** 1. Parichhan Bhagat @ Ram Parichhan Bhagat son of Bhola Bhagat. 2. Vinod Prasad, son of Parichhan Bhagat. 3. Rameshwar Prasad, son of Parichhan Bhagat. 4. Pramod Prasad, son of Parichhan Bhagat. 5. Sanjay Prasad son of Rameshwar Prasad. All 1 to 5 are resident of village- Mathiya, P.S.-Rajpur, District-East Champaran. …. …. Petitioners Versus 1. The State of Bihar. 2. Raja Ram Prasad son of Hira Lal Prasad, resident of village- Ranipatti, P.S. Rajepur, District-East Champaran (Motihari). …. …. Opposite parties ----------- 2. 9.4.2009. Learned counsel for the petitioners submits that though from the allegation made in the F.I.R. there is nothing indicated therein that any kind of weapon or arms was used in the course of so-called crime alleged. In fact even the police instituted the case under various offences of the I.P.C. not under the Arms Act. He submits that it is not known how the said section has been added while taking cognizance by the learned S.D.J.M. Prima facie, the contention of the petitioners seems to be borne out from the record and perusal of the F.I.R. but it is a matter for which the petitioner will have to raise such objections at the time of framing of charge. The application stands disposed of with liberty to the petitioner to raise these objections at the time of framing of charge. This application is disposed of with above liberty. Pawan/- (Ajay Kumar Tripathi, J.)