Brishketu Saran Sinha, J.

1. This application is directed against the ORDER :dated 20.1.1977 passed in Hathidah P.S. case no 12(8)75 by Shri A.N. Sahay, Sub-divisional Judicial Magistrate, Barh, by which cognizance has been taken of offences under Section 161 of the Indian Penal Code and Section 5 of the Prevention of Corruption Act, 1947. It appears that on 8.8.1975 at. 1.10 A.M. Madan Rai of village Gangapar, police station Sarairanjan district Samastipur gave his fardbeyan before Raj Gobind Singh Officer-in-charge of Hathidah police-station stating that his truck bearing no. BHA-1477 loaded with five she-buffaloes and their calves stopped near Hathidah check-post and one Excise Constable came near the truck and other remained near the barrier. The Excise Constable demanded Rs. 2/- and as soon as the informant was giving that money a jeep came from the Hathidah check post side and stopped near the Excise barrier which was lifted. In the jeep was the Superintendent of Police who asked the constable to take out two rupee note from the pocket of the Excise constable. The Excise constable gave that two rupee note and thereupon his person was searched by an armed constable an