IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31592 of 2008 Sharwan Kumar, son of Devi Mahto, village Sonubigha, PS Muffasil, district Nawada – Petitioner. Vs. 1. The State of Bihar. 2. Ratan Yadav, son of Ramlakhan Yadav, village Sikandra PS Muffasil, district Nawada – Opposite parties. 2 11.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the informant. This application has been filed challenging the order, dated 15.4.2008 passed by the Chief Judicial Magistrate, Nawada in Muffasil PS case No. 65/2005 by which he has taken cognizance for the offences under sections 147, 148, 149, 302/307 of the Penal Code read with section 27, Arms Act. The informant’s niece was killed in the incident. The date of occurrence is 3.7.2005. On 14.11.2005 the informant has filed a petition before the Chief Judicial Magistrate stating that one Raj Ballabh Yadav, a political leader in the town of Nawada had obtained his signature on blank papers promising to help him in prosecuting the miscreants responsible for the occurrence. It is the case of the informant that he put his signature on a blank paper which was converted into an F.I.R. and several persons who were not involved in the occurrence and were in the rival group of Kaushal Yadav, also a political leader were named as accused in this case. The statement of the informant was also recorded under section 164 of the Cr. P. C. wherein the stand taken in the petition, dated 14.11.2005 has been reiterated. 2 This court finds it difficult at this stage to accept the stand of the informant and this aspect of the matter will be considered during the trial when the informant is called upon to give his evidence. I, thus, find no merit in this application. It is accordingly dismissed. haque (Sheema Ali Khan, J.)