Petitioner who happens to be an accused in Special Case No. 09/2000 arising out of Vigilance Case No. 05/2000 has challenged the order dated 28.03.2016 passed by Special Judge, Vigilance 1st, Patna rejecting his prayer having been made under Section 239 of the Cr.P.C.

2. The gist of the prosecution case, as is evident that on a complaint having been made to the vigilance regarding amassing of property disproportionate to his known sources, misusing his post by the petitioner who was occupying the post of Assistant General Manager, Bihar State Financial Corporation, Patna a preliminary enquiry was made whereupon Vigilance Case No. 05/2000 was registered followed with an investigation which ultimately culminated by way of filing of charge-sheet leading to Special Case No. 09/2000 followed with order of cognizance. Subsequently thereof, at the stage of framing of charge, a prayer has been made on behalf of petitioner to discharge him which has been rejected by the learned lower court by the order impugned, hence this petition.

3. It has been submitted on behalf of the petitioner that the present prosecution happens to be malicious one in the background of the fact that right from