Bibek Chaudhuri, J. – Both the Criminal Revisions are directed against an order, dated 14th of August, 2014, passed by the learned Special Judge, Vigilance, Patna in Special Case No. 01 of 2006, arising out of Vigilance P.S. Case No. 5 of 2006, whereby and whereunder, the petitions filed by the above-mentioned Petitioners under Sections 239 of the Cr.P.C., were rejected.

2. At the outset, it is necessary to record the following facts of Vigilance P.S. Case No. 05 of 2006.

On 16th of January, 2006, one Mahanand Prasad Yadav, Mukhiya of Udhampur Gram Panchayat, District-Supaul, lodged a complaint before the Additional Director General of Police, Vigilance Investigation Bureau (VIB), Patna (hereinafter described as “VIB”), alleging, inter alia, that the Office Clerks attached to the office of the Deputy Development Commissioner, Supaul, namely, Bachaneshwar Jha and Chandrahas Verma demanded Rs. 1,000/- per house from the above-mentioned complainant for allotment of funds to his Panchayat for construction of houses under Indira Awas Yojana. It was reported by the informant that there were 339 beneficiaries in his Panchayat area, who were entitled to get monetary assistance under Indira Awas Yojana. Their names were forwarded from the Panchayat Office to the Deputy Development Commissioner, Supaul for recommendation of sanction. It was alleged by the informant that the above-named persons demanded Rs. 3,39,000/- at the rate of Rs. 1,000/- per house for sanctioning funds under Indira Awas Yojana. The informant has further alleged that Panchayats which paid the bribe money, were granted sanction at the rate of 25,000/- per house and as he did not pay the said bribe money, the funds were not released in respect of his Panchayat Area. The informant was told by the above-mentioned persons that the bribe money would disbursed and distributed to the Deputy Development Commissioner, Director, DRDA, and the District Magistrate and thereafter the rest amount would be distributed amongst them. The complaint was duly verified by Lalbahadur Singh, Inspector, Cabinet, Vigilance and on receipt of verification report, dated 27th of January, 2006, an FIR was registered being Vigilance P.S. Case No. 5 of 2006 against one Bachneshwar Jha.

In order to ascertain the veracity of the complaint, officers of VIB prepared a pre-trap memorandum. As per the pre-trap memorandum, a raid was conducted in the office of DRDA, Supaul on 28th of January, 2006. Accused, Bachneshwar Jha was caught red handed while taking bribe of Rs. 35,000/-. Bribe money was recovered from the right side pocket of his trouser. In addition to the said money, a sum of Rs. 5,180/- was also recovered from the left side of pocket of his shirt. Different Almirahs, kept in the office of DRDA, Supaul were searched out and in all Rs. 9,11,378.70 was recovered. The said money was kept in the envelops and on the envelops the words “DDC”, “Director, DRDA” and “the Chairman, Bihar Board” were written. The accused, Bachaneshwar Jha and Prabhakar Lal Das, who was posted in the said office as Najir failed to give proper explanation for retention of such amount of money in different envelops or pockets. Therefore, the money with envelops were seized by the Officer, heading the raiding party, under proper seizure list, as the money received by illegal gratification. Accused, Bachaneshwar Jha was arrested and on 4th of February, 2006. His statement under Section 164 of the Cr.P.C. was recorded by the Jurisdictional Magistrate. On the same day, the present Petitioners in both the revisions were arrested on the basis of the statement of accused Bachaneshwar Jha. Though the Petitioners were not named in the FIR. Official residences of both the Petitioners were searched at Supaul. The Investigating Officer verified the bank accounts of the Petitioners but there was no evidence of disproportionate asset to their known sources of income found by the Investigating Officers. In spite of having no evidence against