IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28859 of 2008 BINDESHWAR PRASAD, SON OF LATE MANGAL MISTRI, RESIDENT OF VILLAGE AJNAURA, P.S. NOORSARAI, DISTRICT NALANDA ---- PETITIONER Versus 1. STATE OF BIHAR. 2. THE BLOCK EDUCATION EXTENSION OFFICER, CHANDI, P.S. CHANDI, DISTRICT NALANDA ---- OPPOSITE PARTIES. ----------- 2 21.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is the Headmaster of the school. The Chairman and the Secretary of the School Education Committee were to build two rooms for the school. Cheques were withdrawn by the Chairman of the Society. Learned counsel for the petitioner submits that it would appear from Annexure-3 that a letter has been written to the Sub-Divisional Judicial Magistrate, Hilsa to indicate that all the works of the school has been satisfactorily completed. This aspect i.e. the letter contained in Annexure-4 cannot be considered by this Court at this stage. It would be open for the Court below to consider all materials placed before it at the time of framing of charges after examining the case diary which would indicate the allegations against each of the accused persons in this case. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)