IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30779 of 2010 ASHUTOSH BHUSHAN NARAYAN SINHA SON OF PRAMOD NARAYAN SINHA, RESIDENT OF VILLAGE DADHIA BELAR, P.S. MUFFASIL, DISTRICT SAMASTIPUR …… PETITIONER Versus 1. THE STATE OF BIHAR 2. RAMASHISH PASWAN SON OF LATE SAGUNI PASWAN 3. SHIV KUMAR PASWAN 4. RAJ KUMAR PASWAN 5. CHUNCHUN PASWAN 6. RAVINDRA PASWAN 7. SHAMBHU PASWAN, ALL SL. NO.3 TO 7 ARE SONS OF RAMASHISH PASWAN AND ALL SL. NO.2 TO 7 ARE RESIDENT OF VILLAGE DADHIA BELAR, P.S. MUFFASIL, DISTRICT SAMASTIPUR …. OPPOSITE PARTIES ----------- 2. 1.3.2011 The petitioner is aggrieved with the order dated 2.7.2010 passed in Criminal Revision No.212 of 2010 by the Sessions Judge, Samastipur, by which he has affirmed the order dated 9.3.2010 passed in Trial No.463 of 2010 by the Judicial Magistrate, 1st class, Samastipur, by which he has refused to recall the petitioner in terms of Section 311 Cr.P.C. It has been submitted that in the facts of the case the offence u/s.323 I.P.C. is made out. Since there is always scope for amendment of charge, I am not inclined to pass any order on the same. Since the present application is a second revision in the garb of 482 Cr.P.C. and there is no patent illegality in the revisional order, I am not inclined to interfere in the same. The application is dismissed. Narendra/ ( Anjana Prakash, J. )