IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10442 of 2008 RAJ KISHORE PRASAD S/O BRIJ NANDAN PRASAD --- PETITIONER Versus STATE OF BIHAR ---- OPP. PARTY For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 03 25.10.2010 Heard learned counsel for the Petitioner and the State. Petitioner is facing prosecution under Sections 279,337,414,420 and 47A of the Excise Act. He is aggrieved by order dated 09.10.2004 passed by learned Judicial Magistrate, Ist Class, Madhubani in Town ( Rahika) P.S.Case No. 393 of 2002 whereby on a consideration of the materials available on record cognizance has been taken. While assailing the order it is contended that petitioner is owner of the truck which was found laden with wine and other articles. It is stated that a ‘sanha’ was lodged with regard to missing of the truck. Learned trial Court found that the materials on record prima facie implicate petitioner in the offence. Considering the confine of jurisdiction exercised by learned Magistrate, this Court is not inclined to interfere with the order impugned. However, it shall be open to the petitioner to raise/agitate all these issues at the relevant stage of the proceeding. With the above noted observation the application is dismissed. Sym ( Kishore K. Mandal, J.)