IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40147 of 2008 Sheo Nath Singh, Son of late Narayan Singh, Resident of Village Gogachack, PS Tarapur, District Munger ----- Petitioner Versus The Vigilence Department,Govt.Of Bihar ----- Opposite Party ----------- 2 25.7.2011 Learned counsel for the petitioner has challenged the order dated 31.7.2008 by which the Court has rejected the application for discharge of the petitioner in Special Case No. 15 of 1998/53 of 2002. Learned counsel for the petitioner submits that with respect to the same occurrence a case was instituted under Section 379 of the Indian Penal Code and 33/99 of Electricity Act against Shivnandan Singh @ Sheo Nath Singh which resulted in acquittal. It is submitted that for the same offence the Vigilance Department is proceeding with the case. The Court has relied on paragraph nos. 21, 80 and 82 to 87 to indicate that there is sufficient material to frame charges against the accused person. I do not find any merit in the submissions made by the counsel for the petitioner for the purposes of discharging the petitioner. The petitioner would be at liberty to produce the judgment and order of Tarapur PS Case No. 103 of 1991 to show that he is innocent and cannot be implicated in an another case of the same nature. This Court finds no merit in this application as such, it is dismissed. Sanjay (Sheema Ali Khan, J.)