IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46749 of 2007 Sanjay Singh @ Chintu Singh, Son of Sachidanand Singh, resident Of village- Tilak Tajpur, Police Station- Runni Saidpur, District- Sitamarhi. ----Petitioner. -Versus- 1. The State of Bihar. 2. Yogendra Ram, Son of Late Acche Ram, resident of Village- Athari, Police Station- Runni Saidpur, District- Sitamarhi. ----Opposite Parties. ----------- 4. 23.01.2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order of cognizance dated 5.5.2006 and his prosecution in Runni Saidpur P. S. Case No.14 of 2005 under Sections 307,302/34 of the Penal Code, Section 27 of the Arms Act and Section 3(X) of S.C./S. T. Act. Learned counsel submits that the First Information Report makes only one accused who committed solitary act of assault. The police submitted charge sheet against the solitary accused when the name of the petitioner appears to have transpired during investigation. The allegations are there also under Section 34 of the Penal Code. This Court finds difficult at this stage to interfere with the order of cognizance, which is based on consideration of the materials in the case diary. The application is rejected. U.K. (Navin Sinha, J) - 2 -