IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40032 of 2008 Dilip Kumar Rai, Son of Nago Rai @ Nageshwar Rai, Resident of Village Sukhasena Kailu Toal, PS Barhara Kothi, District Purnea ---- Petitioner Versus 1. The State Of Bihar. 2. Naresh Mohan Mandal, Son of late Biranchi Mandal, Resident of Village Sukhasena Kailu toal, P.S. Barhara, District Purnea ---- Opposite Parties ----------- 2 25.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order 16.4.2005 taking cognizance for the offences alleged. Learned counsel for the petitioner submits that apart from the fact that the name of the petitioner is mentioned in the First Information Report, there is no specific allegation against him. It is further submitted that although the charge sheet was submitted under Section 323, 341 and 389/34 of the Indian Penal Code, the Court below has examined the matter treating the case to be under Section 307 of the Indian Penal Code as well. This aspect of the matter can be raised and the provisions of law under which a person is charged, can be modified at any stage of the case. I, therefore, find no reason to interfere with the order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)