IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32946 of 2008 Bittu @ Munna, son of Late Binod Prasad, resident of Khajpura, PS Hawai Adda, Patna – Petitioner. Vs. 1) The State of Bihar, 2) Pradeep Kumar, c/o Rameshwar Pd. Choudhary, Dy. Secretary, Bihar Vidhan Sabha, Saketpuri, Machhali Gali, Raja Bazar, Patna – Opp. Parties. 2 7.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 14.1.2008 passed by the Chief Judicial Magistrate, Patna in Hawai Adda PS Case No. 42/2007 by which cognizance has been taken for the offence alleged to have been committed under sections 279, 337 and 338 of the Penal Code. Learned counsel for the petitioner submits cognizance has been taken on the basis of the fact that one of the witnesses have said that the petitioner was the person who was driving the motor cycle which dashed the informant. It is submitted that apart from this hear-say statement, there is no evidence to support the allegations. All these aspects will be considered at the appropriate stage of the trial. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)