Anant Bijay Singh, J. - (1.) The petitioner is apprehending his arrest in connection with R.C 11(A)/2014R for the offence registered under sections 120B, 420, 468 and 471 of the Indian Penal Code and under section 13(2) read with Section 13(1(d) of the Prevention of Corruption Act, 1988 pending in the court of Shri B.K. Tiwari, Special Judge, C.B. I, Ranchi.
(2.) The case of prospection, in short, is that one S.K. Khare, Superintendent of Police/HOB, C.B.I, AC.B, Ranchi got information from reliable source that one Shri Darlando Thanmi Khathing, the then Vice Chancellor, Central University of Jharkhand (CUJ), Ranchi Jharkhand, Narendra Lal Garg, OSD (Project, Central University of Jharkhand, Ranchi, Sanjay Kumar Singh, the then Civil Engineer, Central University of Jharkhand, Ranchi, Abhay Nindkan Tigga, then then Electrical Engineer, Central University of Jharkhand, Ranchi entered into a criminal conspiracy with the proprietors/Directors/ Partners of 12 private firms, viz, M/s Rock Drill India, Ranchi, M/s Sadanand Gupta, Ranchi, M/s Park Sarva Mangala Project, Ranchi, M/s J.C. Enterprises, Ranchi, M/s Raj construction, Garhwa, M/s Mourya Heritage Inn Pvt. Ltd, Ranchi and others during the period 2010 to 2014 and committed the offences of cheating and criminal misconduct and in pursuance thereof, cheated the Central University of Jharkhand, Ranchi by causing to it a wrongful loss of Rs. 7,11,89,770/(approx) and corresponding wrongful gain to themselves, in the matter of award of construction works of different buildings for the permanent campus of Central University of Jharkhand by abusing their official position and awarding the works at exorbitant rats to the said firms. It is further alleged that the above mentioned public servants of Central University of Jharkhand entered into conspiracy with 12 firms awarded the work of construction of different buildings to the said firms at exorbitant rats and fraudulently made payment of Rs. 93,94,77,420/ to them and cheated the Central University of Jharkhand to the tune of Rs. 7,11,89,776/ as a result of fraudulment payment made to those firms. Thus, Central University of Jharkhand, Ranchi was put to a wrongful loss of Rs. 7,11,89,776/ and corresponding wrongful gain was made by the accused firms. On the basis of these allegations, the instant case has been lodged.
(3.) Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has been falsely implicated in this case. Further, it has been submitted that the petitioner is one of the Directors of M/s Mourya Heritage Inn Private Limited, which is a private Limited Company. Further, it has been submitted that the C.B.I after completion of investigation, submitted charesheet vide and upon submission of chargesheet, the learned trial court took cognizance of the offences. It is further submitted that it was specifically mentioned in the said notice inviting tender that there is four categories for empanelment which are as follows: JUDGEMENT_92_LAWS(JHAR)6_2017_1.html It has also been submitted that the petitioner's firm did the construction work 54% above of DSR, 2007 but at the relevant time, Government of India issued the office memorandum dated 28.12.2011 to which the Government has approved rate for Ranchi is 158 ie. Above 58% of the DSR 2007 as well as during the period of contract agreement, the Government of India, vide its letter dated 03.07.2012 issued fresh guideline and hike in the construction rate ie. 174 above of DSR 2007. Further, it has been submitted that during the period of investigation the petitioner has fully cooperated the Investigating Officer and the was never arrested. It is further submitted that investigation in this case is complete, final form has been submitted, the petitioner has never been arrested during investigation and Trial will take some time. Considering all these facts, the petitioner deserves privilege of anticipatory bail.;