IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8690 OF 2008 ANIL KUMAR, SON OF RAM BILAS SHARMA, RESIDENT OF MOHALLA CHIRAIYATAND, DEVI ASTHAN, POLICE STATION KANKARBAGH, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. BAIDHYANATH RAM, SON OF LATE BUTAI RAM, RESIDENT OF H/o DR. ASHOK KUMAR SHARAN, QUARTER NO. E/87, BORING ROAD, SRIKRISHNAPURI, POLICE STTION KRISHNAPUR, DISTRICT PATNA ……………………………………………………………………….OPPOSITE PARTIES ********* 2 17/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner submits that the petitioner is not at all involved in this case under Section 379 of the Indian Penal Code. It is submitted that the mobile was handed over to him by one Jeetendra Kumar for repair and thereafter it was recovered from his shop. This aspect of the matter is the defence adopted by the petitioner and cannot be looked into at the stage of cognizance. In the result, I find no illegality in the impugned order dated 13.06.2007 passed in Kankarbagh Police Station Case No. 42 of 2007 by the Chief Judicial Magistrate, Patna. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)