IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3211 of 2009 BRIJ KISHORE MISHRA @ BRIJ KISHOR MISHRA s/o Late Siya Ram Mishra, (Clerk), Head Post Office, Siwan, Permanent resident of village- Mahual Mahal, P.S. M. H. Nagar, District- Siwan, Bihar. ...Petitioner Versus Central Bureau of Investigation, North Bihar at Patna … OP ----------- 2/ 02.08.2010 The petitioner seeks quashing of the order dated 6.1.2009 passed by the Special Judge, CBI, North Bihar, Patna, in R.C.17-A of 2007, Patna, by which he has refused to discharge the petitioner. The prosecution case is that the petitioner had been demanding rupees one thousand for refund of the money deposited in the name of the complainant’s mother in the Head Post Office, Siwan, where the petitioner was the Assistant Post Master. On his complaint, a trap team went along with the complainant and on demand one thousand rupees was paid to the petitioner but when he saw the CBI team approaching towards him, he threw away the said amount. However, he was nabbed and brought to the chambers of the Post Master where his hand was put in the solution of sodium carbonate. Later on, on the arrival of the Post Master, large number of staff of the Post office gathered and forcibly got the petitioner extricated from the CBI team and also intimidated them. After investigation, the police submitted chargesheet and cognizance was taken in the matter. The argument of the petitioner is that, in fact, the petitioner was on leave on the said date which is evident from Annexure-3 and also the fact that the petitioner was not dealing with the file of the complainant and, therefore, had no occasion to demand - 2 - bribe as alleged. At this stage, I am not inclined to look into such factual aspects of the case, therefore, the application is dismissed. JA/- (Anjana Prakash, J.)