1. The petitioner is the accused awaiting his trial before the Special Judge at Patna in Special Case No. 33 of 1969. His prayer in the present application is that the prosecution which is pending against him should be quashed. The prosecution is in respect of offences under Sec.161 of the Penal Code and Sec. 5(2) read with Sec. 5(1)(d) of the, Prevention of Corruption Act, 1947, said to have been committed by the petitioner in March, 1964.

2. At the relevant time the petitioner was the Assistant Medical Officer in the Railway Hospital at Gaya. One Doman Ram was a Khalasi working, under the Inspector of Works at the same station. It is alleged that the petitioner had demanded and received Rs. 2, from the said Khalasi as illegal gratification for treating him for dysentery and stomach pain and that subsequently the petitioner had demanded and received Rs. 5 from him as illegal gratification for giving him a fitness certificate.

3. Upon the aforesaid allegations the petitioner was put on trial before the Special Judge at Patna in Special Case No. 1 of 1964 and he was convicted by the trial Court on the 15th September, 1965. His conviction was upheld by this Court with some mo