IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.38609 of 2008 1. Rajendra Bind son of late Sonari Bind. 2. Nepali Bind son of Rajendra Bind. 3. Jathu Bind son of Rajendra Bind all are resident of village- chak Radhra, P.S. Dhanarua, District-Patna. ….Petitioner. Versus The State Of Bihar . ----------- 02. 21.07.2011 The petitioner is aggrieved by the order of cognizance dated 03.10.2006 in Dhanarua P.S.Case No. 101 of 2006. It is alleged in the prosecution case is that persons named therein came with lathi to the field of the informant and assaulted him with lathi and snatched mobile and one Golden chain. So far as the submission with respect to section 397 of the Indian Penal is concerned. This Court finds there is some merit in what has been argued. Learned counsel also submits no offence is made out under section 307 of the Indian Penal Code. This Court, came to the conclusion that these two aspects of the matter as to whether offence is made out under Section 307 and 379 should be considered by the court while framing charges against these petitioners. Accordingly, this application is disposed of with the aforesaid observation. Devendra/ ( Sheema Ali Khan, J)