IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40867 of 2008 1) Tapeshwar Paswan, son of Baudhu Paswan, 2) Surya Narain Thakur, son of Late Prayag Thakur, 3) Anirudh Yadav, son of Late Ram Kirpal Yadav, all of village Bhatandi, PS Rosera, Dist. Samastipur – Petitioners. Vs. The State of Bihar. 2 28.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Learned counsel for the petitioners has challenged the order, dated 27.1.2004 by which the court differed with the final form submitted by the I.O. of the case and taken cognizance under section 364 of the Penal Code. The said order was challenged by the petitioner by filing a revision application which was also dismissed. Both the courts have taken into account that there are materials in the case diary to support the prosecution version. There is no illegality in the order impugned and the court can differ with the findings of the I.O. and take cognizance. This application is, thus, dismissed. Liberty is granted to the petitioners to raise the issues at appropriate stage. haque ( Sheema Ali Khan, J.)