IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21377 of 2005 1) Pahwari Mishra, son of Late Durga Mishra, 2) Papu Mishra, son of Late Gopikant Mishra, 3) Dinesh Mishra, so n of Late Ramyee Mishra, village Sabaya Khurd, PS Chanpatia (Shanichra), Dist. West Champaran, Bettiah – Petitioner. Vs. 1) The State of Bihar. 2) Alim Mian, son of Late Rahim Mian, village Bahurwa, PS Chanpatia, Dist. West Champaran, Bettiah – Opp. Parties. 15 21.6.2011 Heard learned counsel for the petitioner and the State. The petitioners have challenged the order of cognizance taken in Chanpatia PS Case No. 426/2004 for the offences alleged to have been committed under sections 302, 120B/34 of the Penal Code and 27, Arms Act on the ground that cognizance has been taken on 7.3.2005, although the court had allowed the application filed on behalf of the police officials with respect to further investigation in this case. Obviously any further charge sheet to be submitted in this case would obviously mean passing of a fresh order of cognizance, in case, there is some discrepancy in the investigation. This aspect of the matter should be considered by the court below at the appropriate stage. At this stage I am not inclined to interfere with the order taking cognizance. This application is dismissed. haque ( Sheema Ali Khan, J.)