IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7351 of 2010 NITYA NARAYAN CHAUBEY, son of Padmadh Chaubey, resident of village- Aeroo, P.S.- Wazirganj, District- Gaya ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 30.11.2010 Heard the parties. The petitioner has sought quashing of the order dated 16.11.2009 by which the Chief Judicial Magistrate, Gaya, has taken cognizance under section 380 Indian Penal Code in Civil Lines P.S. case no.40 of 2009. It has been submitted that from the First Information Report itself it appears that apart from suspicion there is no cogent material against him. I am unable to appreciate that cognizance cannot be taken only on the basis of suspicion. The application is dismissed. JA/- (Anjana Prakash, J.)