IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18434 of 2010 1. KAMTA SINGH, S/o Late Ram Keshwar Singh. 2. Kashinath Singh, S/o Late Dwarika Singh. 3. Janardan Singh. 4. Dharamraj Singh, Sons of Kashi Nath Singh, R/o Village-Shobhipur, P.S.- Kochas, District-Rohtas at Sasaram. Versus 1. THE STATE OF BIHAR. 2. Nirbhay Kumar Singh, S/o Late Baijnath Singh, R/o Village-Shobhipur, P.S.-Kochas, District-Rohtas at Sasaram. ----------- 02. 28.01.2011 Heard the parties. The petitioners seek quashing of the order dated 04.03.2010 passed by the 5th Additional Sessions Judge, Rohtas at Sasaram in Cr. Rev. No. 458 of 2000 by which he has set aside the order of cognizance dated 13.09.2000 taken by the Chief Judicial Magistrate, Rohtas at Sasaram in Kochas P.S. Case No. 44 of 2000 under minor Sections but not under Section 307 IPC. The petitioners are aggrieved by the observation of the Revisional Court that in facts of the case Section 307 IPC is made out and in his opinion this would cloud the judgment of the Magistrate while taking cognizance in the matter afresh. The apprehension of the petitioners is not entirely incorrect and, therefore, I direct the Magistrate to apply his independent mind into the facts of the case and arrive at a finding as to what offence is made out in facts of the case. With these observations the application is disposed off. Vikash/- (Anjana Prakash, J.)