IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12120 of 2008 1. Nilamber Sada alias Nilamber Jha. 2. Durganand Sada alias Durganand Jha. Both sons of Ram Narayan Sada alias Ram Narayan Jha. Both are residents of Village- Milki, Police Station- Bahera, O.P. Alinagar, District-Darbhanga.................................Petitioners. Versus THE STATE OF BIHAR.........................................Opposite parties. ----------- 2. 05.05.2010. No one appears for the petitioners. However, the State is represented through Mr. M. N. Jha. In the present proceeding, the order dated 26.07.2007 passed in Bahera P.S. Case No. 150 of 2006 whereby the cognizance has been taken under Section 380 of the Indian Penal Code has been challenged alongwith the order dated 02.11.2007 passed in Cr. Rev. No. 341 of 2007 whereby the learned Sessions Judge, Darbhanga, has confirmed the order of cognizance dated 26.07.2007. From perusal of the impugned order, it appears that though after investigation the police submitted final form but deferring with the final form, the learned Magistrate took cognizance under Section 380 of the Indian Penal Code. After going through the materials on record and finding the prima facie case, the 2 said order was challenged before the learned Sessions Judge who discussed the materials available on record in paragraph no.3 of the order dated 02.11.2007 and then affirmed the order taking cognizance passed bay the learned Magistrate. In view of the aforesaid discussions, I am not inclined to interfere in the matter at this stage. However, the petitioners are at liberty to raise all their contentions at the time of framing of charges if the charges have already not been framed. With this observation, this application is dismissed. U.K. (Dinesh Kumar Singh,J)