IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26980 of 2008 RADHE SHYAM SAH S/O LATE SITA RAM SAH R/O CHAMPANALA ROAD, P.S.- NATHNAGAR, DISTRICT- BHAGALPUR ………….Petitioner Versus THE STATE OF BIHAR …………..Opposite Party ----------- 3. 20.05.2011 Heard the parties. The petitioner had initially sought quashing of Bhagalpur Kotwali (University) P.S. Case No. 233/08 dated 20.04.2008 but during the pendency of this application the charge sheet was submitted therefore, the prayer has been modified to the extent that now the petitioner seeks quashing of the order dated 5.7.2008 passed by Chief Judicial Magistrate, Bhagalpur. The prosecution case as narrated by the Supply Inspector, Bhagalpur is that on 19.4.2008 a cart with K-oil had been intercepted by the Dy. S. P., Parbatti Chowk police station without any valid papers upon which the cart puller and the dealer were both put behind the bars. Within 10 minutes one boy came to the police station and gave a cash memo with regard to the kerosene oil and ran away. The cash memo was 2 purportedly issued by the petitioner. When the petitioner was confronted, he supported the fact that the kerosene had been lifted from his shop but there was some variance in the statement of the cart puller and the petitioner and, therefore, the present case was instituted on suspicion that the K-oil was being taken for black marketing. It has been submitted that on the mere perusal of the First Information Report no offence whatsoever is made out and the entire case is based merely on speculation. I am inclined to agree with the submissions advanced on behalf of the petitioner. In view of such, the entire proceedings of Bhagalpur Kotwali (University) P.S. Case No. 233/08 pending before the S.D.J.M., Bhagalpur is hereby set aside in so far as it relates to the petitioner. The application stands allowed. Fahad. (Anjana Prakash, J.)