IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40026 of 2009 MANOHAR PRASAD GUPTA . Versus STATE OF BIHAR THRU. C.B.I. . ----------- 4. 06.04.2010 Heard leaned Counsel for the petitioner and the learned Counsel for the CBI. The petitioner is aggrieved by order dated 10.8.2009 rejecting his application for discharge under Section 239 Cr.P.C. The allegations related to what is euphemistically called MSD Scam with regard to purchase of medicines for Government Dispensaries through the Department of Health Government of Bihar from Medical Store Depot. Counsel for the petitioner does not dispute that during the period in question i.e. January 1993 to June 1999 the petitioner was posted in the Sadar Hospital at Jehanabad. The chargesheet states that he along with another co-accused did not account for medicine to the extent mentioned in the charge in the Medicine Stock Register of the Sadar Hospital, Jehanabad. He is alleged to have been in conspiracy with others. The submission that though he was posted in the Sadar Hospital at Jehanabad but was in the Pulse Polio Programme and had no concern with the general functions of Sadar Hospital Jehanabad or stock register etc., are more in the nature of his defence to be considered during trial. This Court is satisfied that once the petitioner acknowledges that he was posted in the hospital during the period in question and chargesheet has been submitted on an enquiry of alleged misdemeanor by him this Court is not persuaded that any ground has been made out to quash the impugned order. This application is rejected. Snkumar/- (Navin Sinha,J.)