IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35145 of 2008 Pintu Mandal, Son of Sri Sato Mandal, Resident of Village Oraiya, PS Lakhisarai, District Lakhisarai --- Petitioner Versus The State Of Bihar …..Opposite Party. ----------- 2 12.7.2011 This application has been filed challenging the order of cognizance dated 26.5.2008 passed in Lakhisarai PS Case No. 51 of 2003 for offences alleged to have been committed under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that the evidence during the investigation would indicate that the I.O. has referred to the hearsay statements of witnesses to indicate that the petitioner had participated in the occurrence. It is submitted that none of the witnesses are eye witnesses. In fact the evidence of the informant, according to the counsel for the petitioner is also on the basis of the hearsay evidence. The validity of the evidence for the purposes of holding the petitioner guilty or innocent would be considered at the appropriate stage of the case. For the present, a prima facie case has been made out against the petitioner. This application is thus, dismissed. Sanjay (Sheema Ali Khan, J.)