IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30527 OF 2008 GORALAL SAHSON OF BHAGWAT SAH, RESIDENT OF VILLAGE BALUA BAZAR, SAH TOLI, POLICE STATION BALUA BAZAR, DISTRICT SUPAUL VERSUS 1. THE STATE OF BIHAR 2. RAM CHANDRA YADAV, SON OF LATE KALIKA PRASAD, RESIDENT OF VILLAGE AHIRAULI, POLICE STATION INDUSTRIAL AREA, DISTRICT BUXAR ********** 2 24/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 12.11.2007 passed in Balua Bazar Police Station Case No. 22 of 2007 by which the Chief Judicial Magistrate, Supaul has taken cognizance for the offences alleged to have been committed under Sections 332, 307, 324 & 354/34 of the Indian Penal Code. The prosecution case, in short, is that the informant, who is the Sub-Inspector of Police, along with some other police constables came to the place of occurrence. The petitioner and others assaulted the police party, despite the fact that they learnt that they were not dacoits. One of the accused persons, namely, Chandan Sah gave a hasia blow on one of the constable, namely, Chiranjivi Mandal. The injury is simple in nature which is below the eye. Learned Counsel for the petitioner submits that 2 there is no overt act alleged against the petitioner and therefore, it cannot be said that he was responsible for the offences alleged. The points raised before this Court will be considered by the Court below at the stage of framing of the charges, if not already framed or at the stage when the petitioner files discharge application. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )