IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.153 OF 2010 1. NARESH YADAV @ NARESH PRASAD, SON OF LATE JAGDEO YADAV 2. RAMADHIN YADAV, SON OF LATE JAGDEO YADAV 3. VIMLESH YADAV, SONOF KISHORI YADAV 4. KISHORI YADAV, SON OF LATE JAGDEO YADAV 5. BHUSHAN YADAV, SON OF NARESH YADAV 6. RANJIT YADAV, SON OF RAMADHIN YADAV ALL RESIDENT OF VILLAGE NIRMAL BIGHA, POLICE STATION MUFASSIL, DISTRICT NAWADA ……………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. VIJAY PRASAD, SON OF SURESH YADAV, RESIDENT OF VILLAGE NIRMAL BIGHA, POLICE STATION MUFASSIL, DISTRICT NAWADAH ………………………………………………………………….OPPOSITE PARTIES ******** 2 27/04/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have filed this application challenging the order dated 28.10.2009 passed in Mufassil Police Station Case no. 48 of 2009 by which the Chief Judicial Magistrate, Nawada has taken cognizance for the offences under Section 307 and other allied sections of the Indian Penal Code. The petitioners are aggrieved by the fact that since the injury report indicates that the injuries are simple in nature, the Court below has taken cognizance under Section 307 of the Indian Penal Code whereas there is case and counter case with respect to the same occurrence. All these aspects of the matter can not be 2 judged at the stage of cognizance. Accordingly, this application is dismissed. Anand ( Sheema Ali Khan, J.)