IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41294 of 2008 Umesh Yadav, son of Sitaram Yadav, village Bhawanipur, PS Bairia, Dist. West Champaran – Petitioner. Versus State Of Bihar ----------- 2 28.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order taking cognizance, dated 27.8.2008 passed in Bairia PS Case No. 92/2006 by the C.J.M, Bettiah on the ground that final form was submitted in the case showing that the case was false. The court below has differed with the findings of the I.O. and has taken cognizance in this case. Counsel for the petitioner submits that the facts are that brother of the deceased was present at the time of recovery of the body from the river. The doctor has found that the deceased died due to drowning. It is, therefore, submitted on behalf of the petitioner that no case under sections 302/34 of the Penal Code is made and the cognizance taken against him is not in accordance with law. This court does not agree with the submissions made on behalf of the petitioner as the facts stated aforesaid will have to be tested at the appropriate stage. This application is accordingly dismissed. haque ( Sheema Ali Khan, J.)