IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50726 of 2007 SHANKAR SINGH, son of Laxmi Singh, resident of village – Dhanauji, P.S. – Pakri Dayal, District – East Champaran at Motihari. ------------------ Petitioner. Versus 1. State of Bihar. 2. Prahlad Singh, son of Late Anurag Singh, resident of village – Ajgarwa, P.S. – Pakri Dayal, District – East Champaran at Motihari. --------------------- Opp. Parties. ------- 4 26.03.2010 Heard learned counsel for the petitioner, opposite parties and the State. This is an application seeking quashing of the order dated 16.07.2007 passed by the learned Sub-divisional Judicial Magistrate, Sikrahna at Motihari in Pakri Dayal P.S. Case No. 42 of 2001, cognizance has been taken against the petitioner and others for the offences under section 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act. The case was instituted and it is submitted by learned counsel for the petitioner that there is no material against the petitioner but cognizance has been taken. Learned counsel for the petitioner and State submits that initially one spy gave some information to the investigating agency implicating the petitioner’s name for further investigation. It has come on record that the petitioner has some grudge with the deceased who was killed with fire arms while there was blocked of the road when he was returning from School. - 2 - Considering the facts and circumstances of the case and after taking into consideration the material available on record, there is no reason to interfere to quash the impugned order. Accordingly, this application stands disposed of. Petitioner is given liberty to agitate his points, if any, at appropriate stage before the trial court, who shall consider without being prejudiced of instant order in accordance with law. Rajeev/ (Akhikesh Chandra, J.)