IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3449 of 2009 NITISH KUMAR SINGH @ RACKI SINGH @ RAKKI SINGH SON OF BRAJESH KUMAR SINGH @ BRAJESH PD. SINGH, RESIDENT OF VILLAGE KOYALA KUND, P.S. KALYANPUR, DISTRICT SAMASTIPUR ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. MANI SEKHAR SINGH SON OF ARUN KUMAR SINGH, RESIDENT OF VILLAGE KOYALA KUND, P.S. KALYANPUR, DISTRICT SAMASTIPUR …. OPPOSITE PARTIES. ----------- 2. 29.7.2010 The petitioner seeks quashing of the order dated 23.4.2008 passed by the Chief Judicial Magistrate, Darbhanga in Hayaghat P.S.case No.10 of 2008, by which he has taken cognizance u/ss. 25(1-b)/26/35 of the Arms Act as also the order dated 28.8.2008 passed by the Sessions Judge, Darbhanga in Criminal Revision No.200 of 2008 by which he has refused to interfere in the matter. No one appears on behalf of the petitioner. The case of the prosecution is that the petitioner and the co- accused were arrested allegedly with arms and stolen motorcycle. However, subsequently cognizance was taken only against the petitioner. The petitioner has sought quashing on the ground that the co-accused has been exonerated by the court even though the petitioners’ case was similar. In my view that is no ground for interference in the order of cognizance, which is perfectly valid so far as it concerns the petitioner. In view of such, this application is dismissed. Narendra/ ( Anjana Prakash, J. )