IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28690 OF 2008 1. UDAY SHANKAR, SON OF LATE NAND KISHORE PRASAD, RESIDENT OF PALI ROAD, DEHRI-ON-SONE, POLICE STATION DEHRI, DISTRICT ROHTAS 2. KAIL PANDEY @ KAPILMUNI PANDEY, SON OF LATE CHATURI PANDEY, VILLAGE DEKAHARI, POLICE STATION BHAGWANPUR, DISTRICT KAIMUR VERSUS 1. THE STATE OF BIHAR 2. SURENDRA PANDIT, SON OF RAM LAGAN PANDIT, SUPPLY INSPECTOR, SHEOSAGAR BLOCK, POLICE STATION SHEO SAGAR, DISTRICT ROHTAS AT SASARAM ******** 9 07/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 13.02.2008 passed in Sheosagar Police Station Case No. 39 of 2007 (G.R. No. 455 of 2007/Trial No. 2754 of 2007) by which the Sub Divisional Judicial Magistrate, Sasaram has taken cognizance for the offences alleged to have been committed under Sections 468, 420 and 120B of the Indian Penal Code and Section 7 & 9 of the Essential Commodities Act. It is said that several liquefied petroleum gas cylinders were recovered from G.T. Road. During investigation, it appears that all the consumers have stated that the said liquefied petroleum gas cylinders belong to M/s R. D. Indane Gas Agency, an agency which supplies liquefied petroleum gas cylinders. 2 Counsel for the petitioners refers to paragraph 25 of the case diary wherein it has been stated that on checking the petitioners’ premises, it was found that all the documents and stocks were in place. It is submitted that apart from the confessional statement, there is no materials against the petitioners. All these aspects of the mater shall be considered at the stage of framing of the charges. I do not find any illegality in the order impugned. This application is accordingly dismissed. The Office is directed to return the case diary to the Court below forthwith. Anand ( Sheema Ali Khan, J. )