JAYA ROY, J. - (1.) HEARD the learned Counsel for the Petitioner and the learned Counsel for the C.B.I.
(2.) THE learned Counsel for the Petitioner submits that the Petitioner has apprehension for his arrest in connection with R.C. Case No. 12(A)/09 -R registered under Sections 120B,420,467,468 and 471 I.P.C. and under Section 13(2) read with 13(1) (d) of the Prevention of Corruption Act,1988 pending in the court of Sri N.N.Singh, Special Judge, C.B.I., Ranchi The prosecution case in brief is that Shri Shyam Sunder Singh, the then Ex. Engineer, Road Division, Road Construction Department, Hazaribagh during the period from 2006 -08 entered into a criminal conspiracy with M/s Sunny Construction & Company, Jhumritilaiya, Koderma and unknown others in pursuance thereof, M/s Sunny Construction & Company submitted false bogus invoices showing procurement of Bitumen, for the execution of the contractual work awarded in its favour, which caused wrongful gain to the contractor and corresponding wrongful loss to the Govt. of Jharkhand.
(3.) THE counsel for the Petitioner has contended that the Petitioner is innocent and has been falsely implicated in this case. It is also submitted that the Petitioner is one of the three partners of the firm namely, Major Sunny Construction and Company (a partnership firm) is working for purpose of civil contract work and transport work under Government and semi -Government. One of the co -accused Shri Purushottam Lal Saroj is monthly remunerated working/active partner of the firm apart from the profit sharing. The working partner of the firm as per clause -II of the Partnership deed Shri Purushottam Lal Saroj will be responsible for any criminal act committed on behalf of the firm. Therefore, if any criminal act has been committed by the partnership firm namely M/s Sunny Construction & Company, only Shri Purushottam Lal Saroj is responsible not the Petitioner or other partners.;