IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33343 of 2008 Awadhesh Kumar Singh, Son of Krit Narayan Singh, Resident of Village Sheo Nagar, PS Panjwara, District Banka ---- Petitioner Versus 1. The State Of Bihar. 2. Ranveer Prasad Singh @ Munmun Singh @ Ranjeet Prasad Singh, Resident of Village Mandar Bidyapith, PS Panjwara, District Banka --- Opposite Parties ----------- 2 6.7.2011 The petitioner is aggrieved by the order dated 14.11.2007 passed by the Chief Judicial Magistrate, Banka in Banka (Panjwara) PS Case No. 139 of 2007 by which cognizance has been taken by the Court below under Sections 341, 323, 307 and 379/34 of the Indian Penal Code. The main grievance of the petitioner is that the entire occurrence took place at the spur of moment and as such the ingredients of Section 307 of the Indian Penal Code are not made out in this case. This aspect of the matter can be decided at the appropriate stage of the case. This Court finds that no cogent reason is made out in this case to interfere with the impugned order. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)