IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6895 of 2009 RAJENDRA PRASAD son of Late Ganesh Prasad, Resident of Village- Malati, P.S. Asthawan, District-Nalanda ……………. Petitioner Versus THE STATE OF BIHAR THROUGH VIGILANCE DEPARTMENT, PATNA ……………. Opposite party ----------- 2 27.04.2009 Heard counsel for the petitioner and counsel for the Vigilance. Vide order dated 11.2.2009 the prayer of the petitioner to call for Receiving Register from the office of District Agriculture Office, Nalanda at Biharsharif for period relating to October, 2006 to December,2006 has been rejected. This prayer was made by the petitioner in the light of the background that statement was made by the Court witness namely, Manger of the Bank in question who stated that the letter in question had been received by the father of the complainant and there is no reflection of the same in the Register. It is the opinion of the Court below that the petition has been filed to delay the trial. Keeping the background under which the petition has come to be filed and to give a fair opportunity to the petitioner, this Court is inclined to allow the request of the petitioner made before the Court below in this regard. Let the above register in question be called for on the cost to be deposited in this regard by the petitioner. 2 The advantage or disadvantage of the said evidence produced in this regard shall be tested by the Court in accordance with law. This application accordingly stands allowed. It is however, clarified that in case the availability /existence of the Register becomes an issue, the trial of the case will not be stayed. Bibhash (Ajay Kumar Tripathi, J.)