MANOJ KUMAR BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the C.B.I.

(2.) THE petitioner has filed the instant application for his anticipatory bail for the second time as the prayer for anticipatory bail of the petitioner was earlier dismissed as withdrawn by this Court vide order dated 16.02.2012 in A.B.A. No. 4337 of 3011 and thereafter again the petitioner filed an interlocutory application i.e. I.A. No. 607 of 2012 in which he had prayed for modification of the aforesaid order as he was ready to deposit the amount in question and also for granting anticipatory bail to him after permitting him to deposit the amount. After hearing the parties, the said interlocutory application No. I.A. No. 607 of 2012 was also rejected by this Court by the order dated 08.05.2012.

(3.) THE learned counsel for the petitioner has submitted that the petitioner is a registered Civil Contractor. It is further contended that in road Construction Department, under Jharkhand Public works Department, (P.W.D.) any contractor company who gets the contract work for more than Rs.10,00,000/ - (Ten lakhs) is required to purchase Bitumen from any PSUs and against the purchase of Bitumen, after submitting the bills showing the quality & price of the Bitumen, payment is being made by the executive engineer of the department to the contractor company. In the instant case the only company who get the contact work for more than Rs.10,00,000/ - was M/s P.K.S. & Co. who submitted false & fabricated bills which were dishonestly passed by the then executive engineer Shri Prakash Chandra Singh and hence F.I.R. has been ordered to be lodged against (1) Prakash Chandra Singh, the then Executive Engineer, Road Construction Department, Jamtara (2) M/s P.K.S. & Co. Billiam Town, B. Deoghar, Jharkhand & against the unknown officials of the road construction department, Ranchi on amount of fake payment made to M/s P.K.S. & Co., B Deoghar by the then Executive Engineer Sri prakash Chandra Singh for submission of false & Fabricated bills by the aforesaid M/s P.K.S. & Co, B. Deoghar.