Raj Kishore Sinha vs The State Of Bihar on 10 March, 2011

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.28241 of 2010
                  RAJ KISHORE SINHA, SON OF LATE JAGAT NARAYAN, R/O
                  MOHALLA GOLA ROAD, RAJENDRA CHAK, DANAPUR, DISTT.
                  PATNA. AT PRESENT POSTED AS OFFICE CLERK, OFFICE OF
                  DISTRICT EDUCATION SUPERINTENDENT, NALANDA, DISTT.
                  NALANDA.
                                               Versus
                                     THE STATE OF BIHAR
                                             -----------

2. 10.03.2011 Heard the parties.

The petitioner is aggrieved with the order dated

16.6.2010 passed in Special Case No. 34 of 2009 by the

Special Judge (Vigilance) Trap, Patna, in Special Case No. 34

of 2009 by which he has rejected an application under Section

239 Cr. P.C.

It has been submitted that the petitioner was not the

paying/disbursing authority, therefore, there was no question of

him demanding bribe. The next submission is that it was not

within the authority of the petitioner to issue a Cheque for the

eight teachers alleged to have been done and, therefore, the

entire prosecution case is false

Since these are matters which can only be properly

adjudicated at the stage of trial, I am not inclined to interfere in

the matter.

The application is dismissed.

( Anjana Prakash, J.)
S.Ali