Akshyabar Ojha vs State Of Bihar on 26 July, 2011

                      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.)