IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11686 of 2008 1. SANJEEV CHOUDHARY @ RAJEEV KUMAR SON OF LATE GYANESHWAR PRASAD CHAUDHARY. 2. TRIBHUWAN SAH @ TRIBHUWAN PRASAD GUPTA, SON OF CHANDRIKA SAH BOTH RESIDENTS OF VILLAGE MAHUA MUKUNDPUR, P.S.- MAHUA, DISTRICT- VAISHALI Versus THE STATE OF BIHAR For the petitioners : Mr. Prahlad Kumar Bhagat, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 2 25.10.2010 Heard learned counsel for the petitioners and the State. Petitioners question the legality and propriety of order dated 13.6.2007 passed in Mahua P.S. case no. 112/04 passed by learned Judicial Magistrate, 1st Class, Hajipur whereby on consideration of the materials filed along with the police paper, a prima facie case has been found to have been made out and accordingly, cognizance has been taken under Sections 147, 149, 337, 353, 435 and 338 of the Indian Penal Code. While assailing the order, it is submitted that higher police officers have found that the petitioners had no hands in the aforesaid occurrence as they were not present at the place of occurrence. It is stated that one of the petitioners was admitted in the hospital whereas the another petitioner was away from the place of occurrence. I am afraid on this counts the order can be challenged. Learned Magistrate has referred to different paragraphs of the case diary in order to come to a conclusion that there is/are material in the police papers which prima facie make out a case 2 against the accused persons. Considering the confines of jurisdiction invoked by the learned Magistrate, I do not find any illegality in the order. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )