Jharkhand High Court
Niraj Kumar @ Niraj Kumar Yadav vs The State Of Jharkhand ...... Opposite ... on 23 February, 2021
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7682 of 2020
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Niraj Kumar @ Niraj Kumar Yadav ..... Petitioner Vs. The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
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For the Petitioner : Mr. Ashim Kr. Sahani, Advocate For the State : Mr. Vineet Kumar Vashistha, A.P.P.
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Order No.02 Dated 23rd February, 2021 Heard learned counsels for the respective sides. The petitioner apprehends his arrest in connection with Chaibasa Sadar P.S. Case No.118 of 2020.
On an enquiry conducted it was detected that there was a fraudulent transaction with respect to purchase of PPE Kit at a higher price.
It has been submitted by Mr. A.K. Sahani, learned counsel for the petitioner that the purchase committee headed by the Civil Surgeon-cum- Chief Medical Officer, West Singhbhum at Chaibasa had fixed the rate of purchasing of PPE Kit @ Rs.1050. It has also been submitted that subsequently vide letter dated 08.05.2020 the rate of PPE Kit was fixed at Rs.735 including GST by the Mission Director of National Health Mission, Jharkhand.
Learned counsel has further submitted that the order was given to Image India who subsequently authorized M/s. Aarushi Enterprises to supply PPE Kit and receive the payment. It has also been submitted that 1000 PPE Kit were supplied and it was received by the Civil Surgeon-cum-Chief Medical Officer, West Singhbhum at Chaibasa and payments were duly made to M/s. Aarushi Enterprises.
Learned counsel has further submitted that without any basis the Enquiry Committee has come to a finding that excess amount of Rs.350 per PPE Kit was charged causing a loss of Rs.3,15,000. It has been stated that the petitioner was the District Programme Officer and in fact, in order to save the Civil Surgeon-cum-Chief Medical Officer as he was the person responsible for fixing a higher rate for the PPE Kit, receiving the PPE Kit and making payment of the same, the petitioner has been made an accused. It has further been submitted that the service of the petitioner has been terminated on account of such allegation of purchasing PPE Kit at a higher price.
Learned A.P.P. has opposed the prayer for anticipatory bail made by the petitioner.
-2-The enclosures with the First Information Report does indicate that the purchase committee had fixed the price of PPE Kit @ Rs.1050 per PPE Kit and based on the same, Image India had authorized M/s. Aarushi Enterprises to supply the PPE Kits and accordingly, the same was received by the Civil Surgeon-cum-Chief Medical Officer and payments were also made to M/s. Aarushi Enterprises and therefore, it cannot be said that the petitioner was primarily responsible for purchasing PPE Kits at a higher price than what was fixed by the Mission Director of National Health Mission, Jharkhand.
On consideration of the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner is directed to surrender before the learned court below within four weeks from today and on such surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chaibasa in connection with Chaibasa Sadar P.S. Case No.118 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.
(Rongon Mukhopadhyay, J.) Raja/