IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40616 of 2008 Mohan Pandit alias Mohan Dayal Prasad, son of Late Ram Kripal Pandit, village Ratwara Susta, PS Sadar, district Muzaffarpur – Petitioner. Vs. 1) The State of Bihar, 2) Sudhakar Mishra, then Officer Incharge, Sakara Police Station, District Muzaffarpur – Opp. Parties. 2 26.7.2011 HeardMr. P.C.Jha, counsel for the petitioner and the A.P.P. representing the State. This application has been filed for quashing the order, dated 1.3.2008 passed in Sakra Ps Case No. 69/2007 by the Subdivisional Judicial Magistrate, East Champaran. The petitioner is accused in the aforesaid case in which it is alleged that he was selling kerosene oil and diesel from the tankers standing in the Line Hotel. Learned counsel for the petitioner submits that his name has come in the confessional statement of co-accused. It is further submitted that there is no recovery from the possession of the petitioner. All these aspects of the matter cannot be considered at the stage of framing of charges. These are questions of evidence and, therefore, will be considered during the trial of the case. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)