IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40949 OF 2009 1. MUKESH KUMAR SULTANIA @ MUKESH SULTANIA, SON OF LATE SHYAM SUNDER SULTANIA 2. RAHUL KUMAR SULTANIYA, SON OF MUKESH SULTANIA BOTH RESIDENT OF GOMTI ROAD, WARSALIGANJ, POLICE STTION WARSALIGANJ, DISTRICT NAWADA …………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ******** 3 22/04/2010 Learned Counsel for the petitioners submits that the order dated 10.02.2010 passed in Warsaliganj Police Station Case No. 78 of 2008 is an illegal order as the offences are not made out against the petitioners 1 and 3. Learned Counsel submits that the shop from where the kerosene oil was seized belongs to petitioner no. 2 and there is no material to indicate that petitioners 1 and 3 were also involved in storing the kerosene oil. At the stage of taking cognizance, this Court has only to see as to whether allegations are prima facie true or not. The Court does not have to go into the merits of the evidence led in the case diary for the purposes of taking cognizance. In the result, I find no illegality in the impugned order dated 10.02.2010. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)