IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40733 of 2008 Akshyabar Ojha, Son of late Parmhans Ojha, Resident of Village Kharahatar, District Buxar ---- Petitioner Versus State Of Bihar ---- Opposite Party ----------- 2 26.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order of cognizance dated 19.4.2008 under Sections 302 and 120(B)/34 of the Indian Penal Code and 25(1-B) a, 26 35 of the Arms Act. Learned counsel for the petitioner submits that he was not seen at the place of occurrence. His name transpired on the confessional statement of co-accused who was supposedly sleeping in door step of the petitioner. At present, the trial has commenced, evidence is going on in this case as such, this Court cannot intervene in the impugned order. The petitioner would be at liberty to raise all these aspects of the matter during trial of the case. This application is dismissed. Sanjay (Sheema Ali Khan, J.)