IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32010 of 2008 Nasim Akhtar @ Matra, Son of Master Jakrullah, Resident of Village Bhandar, PS Dhaka, District East Champaran ---- Petitioner Versus The State Of Bihar ----- Opposite Party ----------- 2 30.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order of cognizance dated 18.7.2008 passed by the Sub-divisional Judicial Magistrate, Sikarharna at Motihari in Dhaka Mufassil PS Case No. 123 of 2004 by which the Court below has taken cognizance under Sections 364 and 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the final report was submitted in favour of the petitioner whereas the Court below has differed with the final report and relied on several paragraphs of the case diary to conclude that a prima facie case is made out against the petitioner. It is further submitted that even if the evidence that has come in the case diary is accepted, the petitioner cannot be held guilty of the offence as his 2 name has not transpired in the said evidence. The only material against him is that certain witnesses have stated that they came to know through others that the petitioner was also involved in the said occurrence. Learned counsel for the petitioner may raise these issued at the appropriate stage of the case. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)