IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34277 of 2008 Dhanendra Kumar, son of Sri Ram Byas Dubey, village Gundi, PS Barhara, Dist. Bhojpur – Petitioenr. Versus State Of Bihar ----------- 2 12.7.2011 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 22.11.2007 passed by the Subdivisional Judicial Magistrate, Bhojpur in G.R. No. 1845/2006 / Tr. No. 2107/2008. It is submitted on behalf of the petitioner that the recovery of ten drums containing kerosene oil indicate the name of Amrendra Kumar Singh, bearing licence no. 148/1993. The recovery i.e. the seizure list also indicates this fact. The recovery was made from the house of one Sohrai Sah. On the basis of the aforesaid fact counsel for the petitioner submits that the petitioner was in no way involved in the alleged offence. The specific submission is that the Officer Incharge at a belated stage has filed a petition in the court stating that he had made a mistake while inserting the name of Amrendra Kumar Singh, as the actual person was the petitioner whose name appeared from the drum which was recovered from the house of Sohrai Sah. The involvement of the petitioner in the said occurrence on the basis of the aforesaid belated statement and on the basis of the factn that even if it is accepted, that his name was 2 printed on the drum, it cannot be presumed that the petitioner was responsible for the offences alleged. These aspects of the matter would be considered by the court during the trial. For the present this court is not inclined to discharge the petitioner on the basis of the aforesaid facts. This application is dismissed. haque ( Sheema Ali Khan, J.)