LAWS(JHAR)-2017-5-46

BIRENDRA KUMAR CHOWBEY Vs. STATE OF JHARKHAND

Decided On May 02, 2017
Birendra Kumar Chowbey Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner is apprehending his arrest in connection with Bhandra P.S. No. 76 of 2015, corresponding to G.R. No. 691 of 2015 for the offence punishable under sections 406 and 420 of the Indian Penal Code.

(2.) It appears from the written report of Gagan Deo Baitha-informant is that the petitioner happens to be a contractor. Admittedly, he entered into an agreement after tender with the Rural Development, Government of Jharkhand for a sum of Rs. 13,00,14,000/- for construction of high level bridge over Nandani River on Bandra Kairo Road. That the construction work was to be completed during the period from 15.06.2007 to 14.06.2008, but the work could not be completed after several reminders.

(3.) Learned counsel for the petitioner while pressing the anticipatory bail application has submitted that the petitioner is 69 years old and was connected with the aforesaid work as per engagement for execution of work and as per the scheme of construction two abutments and four piers and five slabs were to be constructed but the piers (P2 and P3) tilted as it was not as per drawing and design. The construction site was inspected by the executive engineer but they have not raised any objection. That 50% work has been found completed as per the prescribed standard. It is submitted that the petitioner deserves to be enlarged on anticipatory bail.