IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13700 of 2008 SUCHENDRA SINGH S/O HAVALDAR SINGH RESIDENCE OF VILLAGE-PADMAPUR, P.S.- DARIYAPUR, DISTRICT- SARAN. Versus THE STATE OF BIHAR ----------- /2/ 29.11.2010 The petitioner has challenged the order of cognizance dated 09.04.2007 passed by the learned Chief Judicial Magistrate, Vaishali at Hajipur in Raghopur P.S. Case No. 41/2006 as well as the revisional order dated 16.01.2008 passed by the learned Sessions Judge, Vaishali at Hajipur in Criminal Revision No. 151/07, whereby the learned Sessions Judge refused to interfere with the cognizance order. It is submitted by the learned counsel for the petitioner that there is no recovery from possession of the petitioner as he was simply a co-passenger in the vehicle in question. Allegation was found false during the investigation and final form was submitted against the petitioner but differing with the final form, the cognizance was taken. I am not inclined to interfere at this stage. However, petitioner is liberty to raise all his contentions at the time of framing of charge if the charges have already not been framed. With the aforesaid directions, this application stands disposed off. Safik (Dinesh Kumar Singh, J.)