IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31889 of 2008 Dwarika Nath Mishra, Son of Kashi Nath Mishra, Resident of village Karamewa, PS Sugauli, District East Champaran at present residing at Station Road, Sugauli, PS Sugauli, District East Champaran, Motihari ---- Petitioner Versus The State Of Bihar ---- Opposite Party ----------- 2 29.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order of cognizance dated 17.2.2007 passed by the Chief Judicial Magistrate, Motihari, East Champaran in Sugauli P.S. Case No. 92 of 2005. It is submitted on behalf of the petitioner that he is a Journalist and when he heard the sound of firing, he rushed to the place of occurrence and for this reason has been dragged in this case. It is submitted that he was not part of mob or one of the persons who is said to have indulged in a case of loot. It is further submitted that the Dy.S.P. and S.P. who have supervised the case found that the petitioner was not involved in this case. It is further submitted that in the case diary and the supervision report, there is no evidence against the petitioner. This application is disposed of with leave to the petitioner to raise all these aspects of the matter at the appropriate stage. The Court below will examine the case diary and thereafter frame charges against the petitioner if the petitioner is found to be involved in the occurrence. Sanjay ( Sheema Ali Khan, J.)