IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5429 of 2008 SOME NATH PRASAD @ SOME NATH SAH Versus THE STATE OF BIHAR ------ 3/ 30-03-2009 Case in hand is an example to show as how Police officials deals with case or performs its duty. Originally Birendra Singh, Nand Kishore Singh and Kamla Singh were alleged for acting in manner which could constitute an offence under Section 7 of the Essential Commodities Act. Matter investigated by the Police. Charge sheet submitted against two accused, namely, Nand Kishore singh and Kamla Singh and final form submitted against Birendra Singh. In course of investigation some of the witnesses named this petitioner as driver of the truck alleging that his truck was being used by those persons in illegal trade or black marketing. Nand Kishore Singh and Kamla Singh approached this Court and a Bench finding no case against them quashed their prosecution while petitioner has only been alleged for using his truck by those petitioners. Certified copy of Criminal Misc. No. 19585 of 2007 is there to corroborate petitioner’s version. In the circumstances, this application is allowed and the order dated 11.10.2007 in Charpokhari P.S. Case No. 115 of 2006 passed by the Sub-Divisional Magistrate, Ara is hereby qaushed. S.Sb/- (Mandhata Singh, J.)