IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56478 of 2007 RAJU @ TAKI IMAM, SON OF MD. ABDUL WARSY, RESIDENT OF MOHALLA BELCHISHARF, P.S. MANPUR, DISTRICT NALANDA. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 5.4.2010 Heard the parties. Learned counsel for the petitioner submits that he has been made accused in this case on the statement of the co-accused who has said that the motorcycle in question was handed over by the petitioner to the co-accused Anand and Md. Mahgo. Accoridng to the counsel for the petitioner the documents indicate that the motorcycle belonged to one Mahesh Prasad. It is submitted that Mahesh Prasad has not filed any case and as such this petitioner can not be prosecuted. All these aspects cannot be examined at the stage of taking cognizance. The matters may be agitated at the proper stage of the case. This application is dismissed and the order passed in Laheri P.S. Case No. 175 of 2006 pending before the Chief Judicial Magistrate, Nalanda at Biharsharif is upheld. Sanjay (Sheema Ali Khan, J.)