IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8654 OF 2008 MITHILESH KUMAR SHARMA VERSUS THE STATE OF BIHAR THRU. VIG. *********** 3 16/02/2010 Heard learned Counsel for the petitioner and the Sp. P.P. appearing on behalf of the Vigilance Department. The petitioner has challenged the order dated 23.11.2007 by which the Court below has taken cognizance in Special Case No. 71 of 2007 . Learned Counsel for the petitioner submits that the Mukhiya who has filed the complaint is a criminal and is involved in several cases besides which he has been removed from the post of Mukhiya at the relevant time. The allegation is that the petitioner was demanding Rs. 5,000/- for doing the audit work, which according to the petitioner, was already completed before the filing of the case. It is also submitted that the trap was not held at any Government premises rather at a public place, known as Sahid Chowk. Besides which it is also submitted that there is no FSL report to support the prosecution version. On the basis of the aforesaid submission, learned Counsel submits that no case is made out under Section 7/13 (2) read with 13 (1) (d) of the Prevention of Corruption Act. 2 I am not inclined to consider all these aspects for the present. The petitioner may raise all these points at an appropriate stage of the trial. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)