IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5221 of 2010 1. BINOD SINGH s/o Rajpati Singh, 2. Rajnath Singh s/o Late Ramjatan Singh, 3. Rajpati Singh s/o Late Ram Narayan Singh, 4. Anil Singh @ Naga s/o Rajpati Singh, 5. Sanjay Singh s/o Rajpati Singh, 6. Ramnoj Singh @ Chotak Singh s/o Rajnath Singh & 7. Munna Singh s/o Rajpati Singh, all resident of village- Devasthapur, P.S. Itarhi, District- Buxar ….Petitioners Versus THE STATE OF BIHAR …OP ----------- 2/ 30.09.2010 Heard the parties. It has been submitted that during investigation part of the prosecution case was found false by the investigating agency and, therefore, final report was submitted against one co-accused and there is background of earlier case pending between the parties and so the order of cognizance dated 06.09.2008 passed by the Chief Judicial Magistrate, Buxar, in connection with Itarhi P.S. case no.24 of 2008 is bad. In my view, this cannot be reason for challenging the order of cognizance. The application is dismissed. JA/- (Anjana Prakash, J.)