BIRENDRA KUMAR CHOWBEY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-5-46
HIGH COURT OF JHARKHAND
Decided on May 02,2017

Birendra Kumar Chowbey Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Anant Bijay Singh,J. - (1.) The petitioner is apprehending his arrest in connection with Bhandra P.S. No. 76 of 2015, corresponding to G.R. No. 691 of 2015 for the offence punishable under sections 406 and 420 of the Indian Penal Code.
(2.) It appears from the written report of Gagan Deo Baitha-informant is that the petitioner happens to be a contractor. Admittedly, he entered into an agreement after tender with the Rural Development, Government of Jharkhand for a sum of Rs. 13,00,14,000/- for construction of high level bridge over Nandani River on Bandra Kairo Road. That the construction work was to be completed during the period from 15.06.2007 to 14.06.2008, but the work could not be completed after several reminders. It is further alleged that the firm of the contractor was black listed and the agreement was rescinded and the security money of Rs. 8,61,175/- was also forfeited by Rural Development Department. It is further submitted that under the scheme for construction of bridge, the contractor constructed two abutments, four piers up to the cap level out of which two piper (P2 and P3) become tilted according to the informant Piper might have tilt due to not doing construction work as per drawing and design. It is alleged that due to poor quality and misappropriation of fund, piers tiled, accordingly, this case was lodged.
(3.) Learned counsel for the petitioner while pressing the anticipatory bail application has submitted that the petitioner is 69 years old and was connected with the aforesaid work as per engagement for execution of work and as per the scheme of construction two abutments and four piers and five slabs were to be constructed but the piers (P2 and P3) tilted as it was not as per drawing and design. The construction site was inspected by the executive engineer but they have not raised any objection. That 50% work has been found completed as per the prescribed standard. It is submitted that the petitioner deserves to be enlarged on anticipatory bail.;


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