Anant Bijay Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner apprehending his arrest in connection with the case registered under Sections 120(B) r/w 420 IPC and Sections 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988 has prayed for grant of anticipatory bail.
(3.) The F.I.R of the instant case was registered by the C.B.I on the basis of source information alleging, inter alia, that the officers of HEC, Ranchi viz. Shri A.K. Singh, Sr. DGM, Civil & Structural Design, HMBP, Shri B. Tigga, Sr. DGM, Finance, Project Division, HMBP, Shri R.K. Mallick, Advisor, Marketing, HMBP and Shri S.K. Chakraborty, G.M, Finance, HEC Ltd. entered into criminal conspiracy with M/s CDC Consulting Design Engineering Centre Pvt. Ltd., Kolkata and in pursuance thereof caused undue favour to the said firm in award of contract of Design and Engineering work in Krishnashila Project, originally bagged by HEC Ltd. from Northern Coal Fields Ltd. as a result of which a wrongful loss of Rs.13.07 lakhs was caused to the Government exchequer. It is alleged that a tender for award of contract for Design and Engineering work in 'Krishnashila Project' was floated by HEC on 20.6.2012 with an estimated cost of Rs.2.6 crores and the closing date as 6.7.2012. Three bidders viz M/s Essar Engineering Service, M/s Struc Mech Engineers (SME) and M/s Fictner India submitted their bids by the closing date, but their bids were not opened without any valid reason and Shri A.K.Singh, Sr. DGM dishonestly and fraudulently moved a proposal for changing the eligibility criteria of the work performed earlier by the firms from Rs.50 lakhs to Rs.100 lakhs and extending the last date of submission to 14.7.2012 in order to invite bids from potentially capable bidders. It is further alleged that the eligibility criteria was changed in order to extend the last date of submission of the bids so that the firm M/s CDC Consulting Design Engineering Centre Pvt. Ltd., Kolkata could submit its bid. M/s CDC Consulting Design Engineering Centre Pvt. Ltd. submitted its bid on 13.7.2012. It is further alleged that on the revised date of opening of the bids i.e. 14.7.2012, a proposal was moved by Shri A.K.Singh for forming the Tender Purchase Committee which was approved on 17.7.2012. As per Schedule of Power, the Committee was required to have one representative of the CMD as the subject contract involved an estimated cost of Rs. 2.6 crores which was neither ensured by Shri A.K. Singh, Sr. DGM nor pointed out by Shri S.K. Chakraborty, GM (Finance). However, even before the approval, the Tender Purchase Committee members opened the bids on 14.7.2012 itself. Thus, a wrongful loss of Rs. 13.07/- lakhs was caused to the Government exchequer and a corresponding wrongful gain to the said firm.;