- (1.) ALL the aforesaid four applications, arising out of the same case bearing No. R.C. 9(A)/97(D) since were heard together, are being disposed of by the common order.
(2.) THE facts, giving rise these applications, are that the then Executing Engineer, N.H. Division, Barhi lodged a case alleging therein that the then Engineer -in -Chief -cum -Additional Commissioner -cum -Special Secretary, Road Construction Department, Bihar placed a supply order bearing No. 1757(E) dated 17.5.1995 to Bharat Petroleum Corporation Limited (for short BPCL), Haldia to supply 500 MT of Bitumen to NH Division, Barhi, Hazaribagh. In response to that order, transporter -Vinay Kumar Sinha lifted 496.7 MT of Bitumen from Haldia but he supplied only 171.49 MT of Bitumen at NH Division, Barhi. Thereby, he misappropriated 325.21 MT of Bitumen as a result of which, the State exchequer was put to loss to the extent of Rs. 18.50 lakhs. On the said written report, a case was registered as Barhi P.S. Case No. 159 of 1996 dated 7.9.1996 under Sections 409 and 420 of the Indian Penal Code (for short IPC) against said Vinay Kumar Sinha. Thereafter, Barhi Police started investigating the case. Meanwhile, on 20.2.1997 an order was passed by the Patna High Court in C.W.J.C. No. 10417 1996 whereby the C.B.I. was directed to take up the investigation of the case. The C.B.I. took up the case and registered the case against said Vinay Kumar Sinha and some unknown officials of Road Construction Department, National Highway Division and other department as R.C. 9(A)/97(D) under Sections 406, 407, 409, 420 and 120B of IPC and also under Section 13(2) read with Sections 13(1)(c) and (d) of the Prevention of Corruption Act.
(3.) THE C.B.I. after investigating the case submitted charge -sheet against these four petitioners, who are the officials of BPCL, and also against the officials of the Bihar Government disclosing therein that as per the arrangements between the Road Construction Department, Government of Bihar and the Oil Company, the bulk bitumen was to be collected by the transporter from BPCL at Haldia Oil Refinery for carrying it to Barauni by way of stock transfer under Product Dispatch Note (PDN). Thereafter, according to the need of the Consignee, the same was to be transported at different locations of the Road Construction Department, NH Division but, in fact, the bitumen tankers never used to come to Barauni, rather the tankers carrying bitumen used to come straightaway to Barhi from Haldia. In spite of that, the officials of BPCL used to prepare false documents like DGS and D invoices as well as CRC at Barauni.;