Heard learned counsel for the petitioner and learned APP for the State.

2. This application under Section 482 of the Code of Criminal Procedure has been preferred against the order dated 28.01.2011 passed by the learned Chief Judicial Magistrate, Madhepura in Udakishunganj P.S. Case No.23 of 2010, whereby the learned Magistrate took cognizance of the offence under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504 and 302 of the Indian Penal Code against the petitioner and other eight accused persons.

3. The factual matrix of the case is that Udakishunganj P.S. Case No.22 of 2010 was instituted under Section 147, 148, 149, 323, 347, 342, 324, 307, 379, 504 and 302 IPC on the basis of fardbeyan of Madan Prasad Yadav with the allegation in succinct that on 02.03.2010 at 5:30 PM he along with his co-villager, namely, Munna Kumar Singh was proceeding to Udakishunganj Bazar on motorcycle. When he reached near main road at Durga Asthan Chowk 80-90 miscreants armed with various weapons with common intention encircled them. Sanjay Kumar, Munna Choudhary and Karia Choudhary assaulted him indiscriminately by means of hand pipe making him injured. Kishore Paswan assaulted his c