Bibek Chaudhuri, J. – The petitioner is a public servant, presently posted at Motihari as an Additional Collector in the District of Motihari, East Champaran. At the relevant point of time, concerning the instant writ petition, he was posted as a Block Development Officer, Narkatiaganj. Upon a complaint lodged by one Kailash Yadav before the learned Special Judge, Vigilance, North Bihar at Muzaffarpur, alleging, inter alia, that the petitioner in collusion and connivance with the local Gram Panchayat members, executive officer of the Gram Panchayat and others committed misappropriation, cheating by forging documents, by means of corrupt practice, for illegal gain of money in respect of delivery of essential commodities to the citizens belonging Below Poverty Line (BPL) and other sections of poor people (Antayodya). It is alleged that the accused persons committed an offence under Section 409/420/467/468/491/120B of the IPC and Sections 7/10/13(2) read with Section 13(i)(d) of the Prevention of Corruption Act.

2. The said complaint before the learned Special Judge Vigilance at Muzzafarpur gave rise to the registration of complaint case no. 216 of 2008. Amongst the accused persons, th