IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40302 of 2008 Jai Kant Mishra, T.A.-I, Son of late S.R. Mishra, Food Corporation of India, Paddy Procurement Centre at Vyapar Mandal, Daudnagar, Resident of C.D. Colony, Jhumari Tilaiya, PS Jhumari Tilaiya, District Kodarma, Jharkhand ---- Petitioner Versus 1. The State Of Bihar. 2. The Food Corporation of India through its District Manager, Gaya Md. Ali Raja, Son of late Abdul Quiyam, North Church Road, Gandhi Maidan, Gaya ---- Opposite Parties. ----------- 2 26.7.2011 This application has been filed on behalf of an employee of the Food Corporation of India, Paddy Procurement Centre at Vyapar Mandal, Daudnagar for quashing of the order dated 13.2.2007 arising out of Daudnagar PS Case No. 189 of 2004. Cognizance has been taken under Sections 409, 426, 427, 451 and 120(B) of the Indian Penal Code. After investigation it is found that the petitioner was responsible for procurement of large stocks which were kept unused due to acts and ommissions of the petitioner. On behalf of the petitioner, it has been submitted that he is not responsible for retaining the stock and as such, he has been wrongly made an accused in this case. The points raised on behalf of the may be raise at the appropriate stage. For the purpose of cognizance, this Court has only to examine whether there is a prima facie case made out against the petitioner. In the facts aforesaid, I find no illegality in the order impugned. This application is thus, dismissed. Sanjay (Sheema Ali Khan, J.)