IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18847 of 2010 LAL BABU BHAGAT SON OF KRISHNA DEO BHAGAT, RESIDENT OF VILLAGE KHARHANIA, P.S. PARU, DISTRICT MUZAFFARPUR …… PETITIONER Versus STATE OF BIHAR ----------- 2. 9.2.2011 The petitioner seeks quashing of the order dated 28.10.2009 passed by the S.D.J.M. (West), Muzaffarpur in Trial No.1844 of 2010 arising out of Paru P.S. case No.175 of 2007, by which he has taken cognizance in the matter. It has been submitted on behalf of the petitioner that from the facts of the case no offence whatsoever is disclosed as also that a private person has produced the incriminating kerosene oil before the Officer Incharge without there being a cogent proof with regard to possession of the petitioner. Considering that the alleged kerosene oil was supposedly seized by a private person, who had no authority in law as also that the kerosene was not recovered from the conscious possession of the petitioner, this application is allowed and the order dated 28.10.2009 passed by the S.D.J.M. (West), Muzaffarpur in Trial No.1844 of 2010 arising out of Paru P.S. case No.175 of 2007 is quashed. Narendra/ ( Anjana Prakash, J. )