IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9003 of 2008 PARMANAND KHAN …PETTIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY For the petitioner :M/s Pramod Mishra & Vinay Kumar ‘Mukul’ For the State :Mr. Jharkhandi Upadhyay,APP ----------- 04. 07.10.2010 Heard counsel for the parties. Petitioner feels aggrieved by the order dated 25.01.2008, passed by learned Judicial Magistrate, Saharsa in G.R.No.1533/2005, whereby his application filed under section 239 Cr.P.C. seeking discharge has been considered and rejected. It appears from the order impugned that learned trial court perused the entire materials on record and came to the conclusion that so far as accusations under section 120B and 149 IPC is/are concerned, there was no sufficient legal evidence. Accordingly, the court directed for framing of charge only under sections 109,147,353 and 427 IPC. Petitioner during the relevant time was posted as Incharge Headmaster of the school. Allegation levelled against him and others in the FIR lodged by the District Education Officer, Saharsa is that at the instigation of the In-charge Headmaster, a hosts of the students of the school attacked and ransacked the office of the D.E.O. and set part of it ablaze. Learned trial court appraised the evidence on record and found that there is evidence on record justifying framing of 2 charge under the aforesaid sections noticed hereinabove which cannot be said to be groundless. In my view, the order passed by learned court below cannot be said to be patently illegal and/or perverse meriting interference. The application is accordingly dismissed. hr ( Kishore K. Mandal )