IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40124 OF 2009 1. DEEP SAH, SON OF LANAMI SAH 2. SHAMBHU SAH, SON OF BAIJNATH SAH 3. CHANDESHWAR SAH, SON OF HIRA SAH 4. SAHEB SAH, SON OF PURAN SAH 5. SHEO KUMAR SAH, SON OF PURAN SAH 6. MOTI LAL SAH, SON OF BAIJNATH SAH 7. PURAN SAH, SON OF LATE RAGHUNATH SAH 8. BAIJNATH SAH, SON OF LATE LAKHAN SAH 9. MANAGER SAH, SON OF LAXAMI SAH ALL RESIDENTS OF VILLAGE LAGUNAHA (POKHARA TOLA), POLICE STATION CHANPATIA, DISTRICT WEST CHAMPARAN 10. AMRESH SAH, SON OF GAYA SAH, RESIDENT OF VILLAGE SARA, POLICE STATION SIKTA, DISTRICT WEST CHAMPARAN ………………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR *********** 2 04/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 26.11.2008 passed in Chanpatia Police Station Case No. 82 of 2008 by which the Chief Judicial Magistrate, West Champaran, Bettiah has taken cognizance for the offences under Sections 147, 341, 323, 504/320 of the Indian Penal Code. Initially, the petitioners were accused in a case under Sections 147, 371, 323, 504 of the Indian Penal Code but later on Section 302 of the Indian Penal Code was also added. Learned Counsel for the petitioners submits that there is no allegation in the First Information Report 2 which would indicate that a case is made out under Section 302 of the Indian Penal Code. All these aspects of the matter will be considered at the appropriate stage. At this stage, this Court finds no illegality in the impugned order. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)