IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35756 of 2008 Anil Kumar Singh, son of Late Kedar Singh, Resident of Village- Badaura, P.S. Chandi, District- Nalanda. … Petitioner. Versus The State Of Bihar Through Vigilance ……. Opposite Party ----------- 2. 14.07.2011. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner has challenged the order dated 05.07.2008 by which the discharge application has been rejected. There are two accused persons in this case namely Ashok Kumar Kashyap and the petitioner Anil Kumar Singh. The allegation is that Ashok Kumar Kashyap was caught red handed with the bribe amount of Rs. 10,000/-. At the time, when the payment of the said amount was made the petitioner was said to be present with him at the spot. The allegation against the petitioner is that petitioner had counted money and handed it over to Ashok Kumar Kashyap. The defence has been raised on behalf of the petitioner that this money was actually the advance which was paid back to the Kashyap by the complainant, in view of the fact that they had agreed to transfer the piece of land. The said agreement has failed which resulted in the complainant filing the false and fabricate case. All these aspect of the matter cannot be considered for the purposes of discharging the petitioner. The issue can be only be raised during the trial. The application is dismissed. Md. Ibrarul (Sheema Ali Khan ,J.)