IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.53990 of 2007 1. Amarendra Yadav, S/O Sri Kamaleshwari Yadav. 2. Ashok Yadav, S/O Sri Kamleshwari Yadav. 3. Baidyanath Yadav, S/O Sri Musari Yadav. 4. Pankaj Yadav, S/O Sri Rajendra Yadav. All residents of Village- Rahuamani, P.S. Bangaon, District- Saharsa.................................................................Petitioners. Versus 1. The State of Bihar. 2. Raj Kumar Sah, Son of Sri Mahendra Sah @ Ghina Sah, R/O Village- Rahuamani, P.S. Bangaon, District-Saharsa. .......Opposite Parties. ----------- For the petitioners: Mr. Anant Kumar, Advocate. For the State : Mr. Parmeshwar Mehta, A.P.P. ----------- 03. 19.03.2010. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The present application has been filed for quashing the order of cognizance dated 04.10.2007 passed by the learned Chief Judicial Magistrate, Saharsa in Bangaon P.S. Case No. 66 of 2007, G.R. Case No. 1301 of 2007 whereby the cognizance has been taken under Sections 341, 323, 324/34 of the Indian Penal Code against the petitioners. It is submitted by the learned counsel for the petitioners that Annexure-3 is the injury report which reflects that five persons were injured, though, the final opinion with regard to the injury of the 2 informant has come after twelve days of the occurrence and it depicts that the injury is simple in nature, hence, no case under Section 307 of the Indian Penal Code is made out. I find that the order of cognizance under challenge is dated 04.10.2007 and I am unable to figure out the present stage of the trial. In that view of the matter, I am not inclined to interfere with the order of cognizance dated 04.10.2007 passed by the learned Chief Judicial Magistrate, Saharsa, in Bangaon P.S. Case No. 66 of 2007, G.R. Case No. 1301 of 2007. However, the petitioners are given liberty to raise all these contentions at the time of framing of charges if it is already not framed. With this observation, this application is disposed of. U.K. (Dinesh Kumar Singh,J)