IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9032 of 2008 DEVENDRA SAH, son of Kaleshwar Sah, village Telwa, PS Gasai, district Saharsa, at present posted Higher Secondary Teacher, Rajkiya +2 Girls High School, Saharsa. Versus THE STATE OF BIHAR ----------- 2 24.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 25.1.2008 passed by the Judicial Magistrate, Saharsa in G.R. No. 1533 of 2005 by which the court has refused to discharge the petitioner. The petitioner is the Incharge Headmaster of Rajkiya Girls High School, Saharsa. It is said that when the students asked him for the admit cards, the Incharge Headmaster of the school disclosed that it is pending in the office of the District Superintendent of Education. This resulted in the boys of four private schools raiding and ransacking the office of the District Superintendent of Education. The court has refused to discharge the petitioner and found that the petitioner would be liable for charges under sections 109, 353 and 427 of the Penal Code. Learned counsel for the petitioner submits that the facts do not make out a case, Merely informing the students that the admit cards were lying in the office of the District Superintendent of Education does amount to abatement as the petitioner was not responsible for asking the students to ransack the office of the District Superintendent of Education. 2 This aspect of the matter can only be decided in a full- fledged trial. I, thus, see no merit in this application. It is dismissed. haque (Sheema Ali Khan, J.)