IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32767 of 2010 J.C.NANDI Versus THE STATE OF BIHAR THRU. CBI. ----------- 2. 6.10.2010. Heard Sri Arun Kumar, learned counsel appearing for the petitioner, who has been summoned by the learned Special Judge, C.B.I., South Bihar, Patna to stand trial for committing offences under Sections 420, 120B and 467 etc of the Penal Code and Section 13(2)read with 13(1)(d)of the Prevention of Corruption Act. The learned counsel was pointing out that the action of the petitioner who was a Senior Manager of the UCO Bank was simply as per prescribed rules and procedure of the bank in making recommendations for sanctioning a loan to a prospective loanee and those acts were also to be checked and verified by the higher authorities, who were ultimate authorities in sanctioning- matters. But, they were not summon or made accused, the petitioner has been made an accused as a scapegoat. The court simply wants to record that the case has been registered under Section 120B and under a particular sections of Prevention of Corruption Act. If any undue advantage is found to be given even by a legitimate action by a public servant to any person, then also it could be an act of corruption as per definition of the offence under the Prevention of Corruption Act and that is 2 where the petitioner has been found wanting. In that view, the summoning order could never be disturbed. As regards his grievance that other persons who could be equally responsible in conspiring or in doling out an undue advantage on account of the misuse of the public office had not been made accused, this court believes that the learned trial Judge shall look to that aspect of the matter after he has received evidence of prosecution by launching himself on an enquiry as to whether there were other persons than the accused who were already on trial, who appeared also committing the offence. If the learned trial Judge finds such material against any such other person not being the accused, he shall have the powers to summon those persons under Section 319 of the Cr.P.C. With the above directions, this petition is dismissed. B.Kr. ( Dharnidhar Jha, J.)