IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31772 of 2007 1. LALLAN MAHTO son of Surya Mahto 2. Ashok Mahto @ Ashok Kumar 3. Manoj Kumar @ Manoj Mahto 2, 3 both sons of Lallan Mahto All residents of Daulatganj, Mirchaiya Tola, P.S. Bhagwan Bazar, District Saran at Chapra. 4. Kanhaiya Mahto son of late Bharat Mahto 5. Chandan Kumar son of Kanhaiya Mahto 4, 5 both residents of Naviganj, P. S. Bhagwan Bazar, District Saran at Chapra … Petitioners Versus STATE OF BIHAR …Opposite party ----------- 3. 15.09.2009. Heard counsel for the petitioners, counsel for the State as also counsel for opposite party no. 2. In the opinion of this Court when the learned magistrate had differed with the police report by recording that there was some evidence to substantiate the allegations made by the informant in the first information report, the same could have been interfered by this Court if there was no such material in the case-diary. This court in fact would find from paragraph 2, 13 and 15 of the case-diary that not only the informant but even two other witnesses have clearly supported the earlier part of the occurrence in which the petitioners had threatened the informant as 2 with regard to facing dire consequences on account of the enmity. The informant in fact has explained by saying that Lalan Mahto, Ashok Mahto and Manoj Mahto two days earlier to the occurrence had not only quarreled with him (informant) but had also threatened by challenging that they would teach him a lesson. This part of the statement of the informant that it is of course on account of that quarrel that they had set his house on fire, stands supported from the statement of Raghunath Bhagat and Sheikh Nisha recorded in paragraph 13 and 15 of the case diary. In presence of these materials it cannot be said that this is a case of no evidence and therefore learned magistrate did not commit any error in law in taking cognizance of the offence. The application is, therefore wholly misconceived and is accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)