Judgment

JUDGMENT:- Ramanand Chaudhary, the appellant, was employed as Circle Inspector in the Revenue Department of the State of Bihar. One Manik Singh filed a complaint before the police that the appellant had demanded Rs. 200/ - from him as bribe for getting his work done in the Revenue Department. As a consequence a raid was conducted on March 30, 1979 and it is alleged that two currency notes of the value of one hundred each were recovered from the appellant. Thereafter no further action was taken by the police for about six years and it was only on January 28, 1985 that the opinion of the Public Prosecutor was sought by the Revenue Commissioner to enable him to consider the question of grant of sanction for the prosecution of the appellant. In a detailed opinion running into 17 pages the Public Prosecutor discussed the material collected by the Investigating Officer and finally came to the conclusion as under :

"Taking into account the facts and law stated above, I am of the opinion that the present case is full of absurdities, probabilities and infirmities and it is not a fit case in which sanction for prosecution be granted."

2. The Revenue Commissioner, Patna considered the o