IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46333 of 2009 KAMLESH BIND . Versus STATE OF BIHAR THRU.VIG. . ----------- 2. 2.4.2010 Heard learned counsel for the petitioner and learned counsel for the Vigilance. The petitioner who is stated to be a steno- clerk is aggrieved by the order of cognizance dated 22.9.2006 under Sections 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act pending before the Special Judge, Vigilance-II, Patna registered as Special Case No. 42 of 2006. The allegations are that one Manohar Kumar Patel gave an application for loan for which Rs. 1,500/- was being demanded as a bribe to process the claim. Preliminary enquiry revealed that the money was demanded by the petitioner in collusion with others. A trap was laid and pre-trap memorandum prepared when the petitioner is alleged to have been caught red handed with the marked currency and the colour of the chemical composite water changed when his fingers were put into it and Rs. 1,500/ - in the same domination as given to the alleged victim for payment recovered. Learned counsel sought to persuade the Court that there were errors in the trap memorandum with 2 regard to names and filling up of the column. He next submitted that sanction had been granted under Section 197 of the Cr. P.C. and there was no order of sanction under the Prevention of Corruption Act. The allegations are of his having been caught red handed, recovery of the trap money when the colour of the water also changed after his fingers were put into it due to the chemical powder on the currency notes. To this Court all this prima facie makes out sufficient ground to go for trial. Once the petitioner acknowledges that sanction has been given by the competent authority the mere quoting of a wrong provision of law would be irrelevant. In so far as any alleged errors in the trap memorandum are concerned, when the occurrence is not in dispute, are matters of defence to be tested during trial. The application is dismissed. P. Kumar (Navin Sinha, J.)