ACHINT KUMAR LAL @ ACHINTA KUMAR LAL SON OF LATE PROF SHIV CHANDRA LAL Vs. THE STATE OF BIHAR THROUGH THE CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the counsel representing the Central Bureau of Investigation.

(2.) In this case, the petitioner at the relevant time was the Engineer-in-Chief when the bitumen scam came to light. He has moved this Court for quashing the order, dated 26.8.2008 passed by learned Special Judge, Central Bureau of Investigation, North Bihar, Patna in Special Case No. 17/1997 whereby his application for discharge under Section 239 of the Code of Criminal Procedure for the offences alleged to have been committed under Sections 120B, 420, 467, 471, 477A and 411 of the Penal Code and Section 13(2) read with (1)(d) of the Prevention of Corruption Act.

(3.) Vide Annexure 3, charge sheet was submitted and the petitioner was sent up for trial in the aforesaid case. The allegations in the F.I.R. are that the petitioner along with others mentioned at para 2 of the charge sheet are said to have entered into a criminal conspiracy to do illegal acts or legal acts by illegal means, cheating and misappropriating the bulk bitumen meant for construction of roads by the Road Construction Department. It has further been alleged in the charge sheet that the petitioner, the then Engineer-in-chief in pursuance of the aforesaid criminal conspiracy deliberately did not object to the supply order in favour of Supaul division which was allotted to M/s. Cosmo Transport Company. On the basis of the aforesaid allegations, the petitioner is facing trial.