IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1379 of 2010 ALIM MIAN @ MD.ALIM S/O MANGALI MIAN Versus THE STATE OF BIHAR & ANR ----------- 2. 19.08.2010 The petitioner seeks quashing of the order dated 16.10.2006 by which learned S.D.J.M., Sherghati, District-Gaya has taken cognizance under Section 302,324,326,307 and 34 of the I.P.C. in Kothi P.S. Case No. 22/2003 The petitioner is named in the First Information Report along with two other persons. The submission of the learned counsel for the petitioner is that since other co-accused persons were put on trial and the witness did not support the case of prosecution therefore the cognizance taken in regard to the petitioner should also be quashed. In my view this is a baseless argument, since the case of each accused has to be decided on the basis of evidence collected during his trial, which stage has not reached as yet. In view of such this application is dismissed. Fahad. ( Anjana Prakash, J. )