IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35339 of 2008 Prabhudyal Sagar @ Sagar Yadav, Son of Bital Yadav @ Ramdhani Yadav, Resident of Lal Darwaza, PS Kotwali, District Munger ---- Petitioner Versus State Of Bihar – Opposite Party ----------- 2 13.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is an accused in a case under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that although the petitioner has been named in the case diary, he is only named indirectly inasmuch as it is said that because a dispute was there between the petitioner and the deceased, the petitioner in conspiracy with Ganga Sahani planned the murder of the deceased. It is further submitted that there is no direct evidence to link the angle of conspiracy between the petitioner and the main accused in this case. These aspects of the matter cannot be judged at the stage of cognizance. These points may be raised at the appropriate stage of the case. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)