Nagendra Rai, J.

1. These petitioners are aggrieved by the order dated 29.7.2003 passed by the Judicial Magistrate 1st Class, Danapur in G.R. No. 946 of 2000 taking cognizance under Secs. 148, 149, 341, 323, 307, 380, 302 and 34 of the Indian Penal Code and 27 Arms Act against the petitioners and others.

2. The facual profile of the case is that Ram Chandra Rai, resident of village Chihatar, P.S. Maner, District-Patna lodged fardbeyan on 27.6.2000 at 9.30 a.m. before the S.I. of Pirbahore Police Station alleging inter alia that on the preceding day on 26.6.2000 at about 3.30 p.m. he along with his deceased son Buddhi Yadav was returning to his village home from Maner Bazar and when he reached near Maner Tola, 17 accused persons including these six petitioners, namely Umesh Roy, Ram Prit Roy @ Ram Krit Roy, Modi Roy, Vikram Roy, Kamlesh Roy and Baban Roy came there armed with lathi, danda and pistol and caught hold of his deceased son Buddhi Rai and accused Hridya Roy fired at him causing injury on the neck, as a result, he fell down. The informant could not proceed further due to fear. In the meantime, aforesaid 17 persons including these petitioners assaulted the deceased