IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.254 of 2009 RAM CHANDRA SAO son of Late Sohrai Sao, Resident of village Saraya Bazar, P.S.Shakurabad District Jehanabad…………… Petitioner. Versus 1.THE STATE OF BIHAR. 2.S.P., Jehanabad. 3.Officer I/c,Shakurabad P.S.,Jehanabad………….. Respondents. ………………….. For the Petitioner : Mr. Ajay Kumr,1 For the State : Mr. Ravi Verma, A.C.to G.P.15. 2 11.08.2009 The petitioner has prayed for quashing the order dated 22nd December 2008 and 23rd January 2009 of the learned Chief Judicial Magistrate, Jehanabad whereby warrant of arrest and process for attachment has been issued against one Dhuri Sao. It appears that an F.I.R. u/s 47(A) of the excise Act , beaing Shakurabad P.S.Case No. 57 of 2008 was lodged against said Dhuri Sao on the allegation that huge quantity of illicit liquor, which was being sold was recovered from his possession. The petitioner is not Dhuri Sao, but he is a different person named Ram Chandra Sao. Learned counsel for the petitioner has submitted that the said Dhuri Sao who is required in the case is absconding and on the basis of process of attachment against Dhuri Sao, the articles of the petitioner have been attached. Mr. Ravi Verma, A.C.to G.P.15 refers to Para-5 of the counter affidavit and points out that the learned Chief Judicial Magistrate has not passed any order against the petitioner. It is also submitted that no step has been taken 2 against the petitioner. As to the submission of petitioner’s counsel that the article of petitioner have been attached on the strength of attachment against the said Dhuri Sao, it is pointed out by the learned A.C. to G.P.15 that these facts are not asserted in the petition filed by the petitioner. Thus on consideration of the facts, it appears that there is nothing on the record excepting the assertion of the petitioner that he has been harassed on the strength of warrant and process issued against the accused Dhuri Sao. This allegation is denied by the respondents in the counter affidavit. In such view of the matters, I find no scope for granting any relief, as prayed for by the petitioner. This application is accordingly disposed of. Jay/ (C. M. Prasad,J)