B.B. Mangalmurti, J. - (1.) Heard learned counsel for the petitioner as well as learned counsel for the A.C.B.
(2.) It is submitted on behalf of the petitioner that the order dated 19.09.2018 passed by Special Judge, A.C.B. Chaibasa is under challenge by which the court below has dismissed the petition for discharge. It is further submitted that though the petitioner was Market Secretary, Agriculture Produce Marketing Board, Parsudin, Jamshedpur but the bribe amount was not demanded or recovered from his possession. The alleged bribe amount was recovered from co-accused Saroj Kumar @ Bablu. It is also submitted that there were number of shops lying for allotment but only few persons had applied for its allotment, so the question of demand of illegal gratification for allotment of shops does not arise. The prosecuting agency has falsely implicated this petitioner merely on the statement of co-accused branding him as the middleman of this petitioner.
(3.) Learned counsel for the A.C.B. submitted that initially the complaint was made for demand of illegal gratification and this petitioner was repeatedly directing the complainant to approach co-accused Saroj Kumar @ Bablu and act according to his advice. Later on co-accused Saroj Kumar @ Bablu was caught red handed while accepting the bribe amount in which the share was to be distributed among accused persons including this petitioner. After investigation, the charge-sheet was submitted against this petitioner also. The court below took cognizance of the offence and after considering the objections raised by the petitioner, has rightly dismissed the application for discharge from this case.;