IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44471 of 2007 PURSHOTTAM YADAV, SON OF SRI SHOBHIT LAL YADAV @ SRI SHOBHIT YADAV @ MAHANTH SHOBHIT LAL DAS, RESIDENT OF VILLAGE- BODRAHI, P.S.- MARAUNA, DISTRICT- SUPAUL. Versus 1. THE STATE OF BIHAR 2. BOUKU RAM, SON OF BANTHU RAM, RESIDENT OF VILLAGE- HARARI, HATIA TOL, P.S.- MARAUNA, DISTRICT5- SUPAUL. ----------- 3 16.02.2010 Heard learned counsel for the petitioner, and learned counsel for the State. Petitioner assails the order dated 28.8.2007 passed by the learned S.D.J.M., Supaul in G.R. no. 62 of 2007(arising out of Marauna P.S. case no. 6 of 2007) refusing to discharge him. The impugned order indicates that the order has been passed upon perusal of the materials placed before the Court including the case diary. Learned counsel submits that accepting the allegation to be true, no case under Section 409 of Indian Penal Code is made out as admittedly there is no allegation that the petitioner held any public office. This Court finds some substance in the said submission of the learned counsel. However, considering the fact that the trial has to proceed on the strength of the impugned order, this court grants the petitioner liberty to raise the said issue before the Trial Court in the trial itself. Considering the scope of Section 239 Cr.P.C. and the extraordinary jurisdiction of the provision invoked by the 2 petitioner, I am not inclined to interfere with the order. The application is dismissed. pkj ( Kishore K. Mandal, J. )