IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4326 of 2009 1. SITARAM RAI S/O LATE RAM CHANDRA RAI 2. RADHEY SHYAM RAI S/O LATE RAM CHANDRA RAI Versus 1. THE STATE OF BIHAR 2. BINOD KUMAR YADAV S/O LATE MAHESH RAI ----------- 2. 10.08.2010 The petitioner is aggrieved by the order dated 29.10.2008 by which the Executive Magistrate, Barh has converted the proceeding under Section 147 Cr.P.C. on the basis of the proceeding initiated under Section 107 Cr.P.C. and the police report received in that regard. The learned counsel for the petitioner submits that in fact there is no mention in the order that there was an emergent situation arising in the facts of the case and therefore, the order is bad. In view of such, the order dated 29.10.2008 is set aside and the matter is remitted to the concerned court for passing a fresh order in the matter preferably within four weeks. With this observation this application is disposed off. Fahad. ( Anjana Prakash, J. )