Santosh Rai and ors. Vs. the State of Bihar and anr

in the high court of judicature at patna criminal miscellaneous no.40338 o”1. santosh rai, s/o shesh nath rai 2. shushil rai s/o shesh nath rai 3. shesh nath rai s/o late sakaldip rai, all are village jabahi jagdishpur, p.s. brahampur, district buxar ----- petitioners. versus 1. the state of bihar 2. surya rai, s/o late ram janam rai, resident of village- jabahi jagdishpur, p.o hathilpur, p.s. brahmapur, district buxar ----- opposite party. ---------------------------------- 2. 13.1.2012 heard learned counsel for the petitioners and learned counsel for the state. on the basis of the statement made before the officer incharge, buxar on 14.10.2009 this case was instituted and thereafter final form was submitted by the police on the ground that it was a misfired by the informant himself and thereafter on the basis of the protest petition cognizance has been taken under sections 323 and 326 of the indian penal code. for the present this court does not want to interfere with the impugned order. this application is dismissed. however, the petitioners will be at liberty to raise all the points at the 2 time of framing of the charge. vinay/ ( shivaji pandey, j.)