IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40624 OF 2008 SATISH RAI @ SATIS ROY VERSUS STATE OF BIHAR ******** 2 20/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application against the order dated 18.06.2008 by which cognizance has been taken against the petitioner. In this case, charges have been framed and the evidence is about to commence. In the circumstances, the court has already found a prima facie case against the petitioner and framed charges in the case. The defence of the petitioner is that he is protected under the law as he is a Public Distribution System dealer. On perusal of the First Information Report, I find that on 14.11.2007 when the inspecting team went to the shop of the petitioner, it found that there was no stock in his shop. On the basis of which, the present First Information Report has been instituted alleging that the Public Distribution System Dealer has lifted the kerosene oil on 14.11.2007 and he ought to have been able to show that kerosene oil was available with him. 2 Whatever be the facts, the trial is about to begin and all the defence taken in this application can well be raised at the time of the trial of the case. This application is thus dismissed. Anand ( Sheema Ali Khan, J.)