Jharkhand High Court
Dhairya Nandan Prasad vs The State Of Jharkhand Through A.C.B on 17 February, 2023
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 10654 of 2022
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Dhairya Nandan Prasad .... .... .... Petitioner
Versus
The State of Jharkhand through A.C.B.
.... .... .... Opposite Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Amit Kumar Das, Advocate
For the State : Ms. Nehala Sharmin, A.P.P.
Order No.04 / Dated : 17.02.2023
The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with Dumka A.C.B. P.S. Case No. 03 of 2022 for the offence registered under Sections 406, 409, 420, 467, 468, 471, 120B, 201 of the Indian Penal Code, Sections 13(1) read with Sections 13(1)(c)(d), 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988 pending in the Court of learned District & Additional Sessions Judge-II cum Special Judge (ACB), Dumka, is pressed into motion.
As per the prosecution case, the petitioner was posted as Executive Engineer in Water Supply and Sanitation Department and he had entered into an agreement No.F2-26 of 2005-06 for construction of Mahagama Rural Water Supply Scheme and the work order was issued on 08.02.2006 for which two years' period was fixed for completion of the aforesaid work. During his posting at Godda, 10 Running Accounts Bills were raised. The total value of work till that time was Rs.51.1066 lakhs in which Rs.46.14475 lakhs was made to the Contractor and Rs.2.50551 lakhs was deducted towards service tax, and other taxes and was kept intact as security deposit in the Department.
The main allegation is that there was excess payment of Rs.28.0289 Lakhs in Mahagama Projects and this petitioner was posted as Executive Engineer at the relevant time and signed over the measurement Book No.235.
It is submitted by the learned counsel on behalf of the petitioner that he was posted at Godda till 06.07.2007 whereas time for completion of the project extended was up to 2012. At the time of petitioner's posting at Mahagama 10 A/c Bills were paid to the contractor for total value of Rs.51.1066 lakhs and after deduction of security deposit, Rs.46.14475 was paid to the contractor. From the term of his posting, it will be apparent that final measurement were not carried out during that period as he has handed over his charge on 06.07.2007.
Learned A.P.P. has opposed the prayer for bail and counter affidavit has been filed. It is submitted that excess payment was made in this project which will be evident from para 70 of the case diary and huge defalcation of Rs.69.8959 lakhs in three projects and 28.089 lakkhs in Mahagama project.
Considering the submissions made on behalf of the petitioner that he had been transferred before the conclusion of the terms of contract and had not signed the final measurement book, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The petitioner will co-operate in the investigation and will appear under Section 41A Cr.P.C. as and when required and comply with the condition as laid down under Section 438(2) of the Cr.P.C.
(Gautam Kumar Choudhary, J.) Anit