SATYENDRA KUMAR S/O LATE BENGALI PRASAD Vs. CBI/ACB/PATNA THROUGH SUPERINTENDENT OF POLICE, CBI/ACB/ PATNA, STATE OF BIHAR

JUDGEMENT

(1.) These criminal writ applications have been preferred for quashing of the entire criminal proceeding including the order dated 19.11.2014 passed by learned Special Judge, C.B.I. III, Patna by which the learned Special Judge has taken cognizance of the offences under Sections 13 (2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the P.C. Act, 1988), Sections 120B read with Section 420, 468, 471 and 511 of the Indian Penal Code in Special Case No. 8 of 2011, R.C 12 (A) 11 C.B.I./ACB, Patna.

(2.) The petitioners have been chargesheeted and upon filing of the charge-sheet while taking cognizance, learned Special Judge has found prima facie case against the accused persons named in the charge-sheet, non-bailable warrants have been issued for causing appearance of these petitioners.

(3.) As per the written complaint of Sri J. P. Mishra, the Additional Superintendent of Police, C.B.I., ACB/Patna as contained in Memo No. 2777 dated 29.06.2011, a reliable source information revealed that a State Highway No. 12 is under construction in the district of Rohtas and Bhojpur under Rashtriya Sam Vikash Yojana (RSVY) package No. 6 covering a distance of 95 kilometer in the State of Bihar. It is stated that the estimated cost of the work is Rs. 1,15,29,92,439/. The construction was awarded to a joint venture of ECI Engineering and Construction Company Ltd., Hyderabad and Bhola Singh Jai Prakash Construction Ltd., New Delhi, which is named as ECI-BJCL (JV) on 09.02007. As per allegations one of the components of awarded work was 'Earth Work'.