M/S Sanjeev Kumar, Through Its Proprietor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14106 of 2021 ====================================================== M/s Sanjeev Kumar, through its Proprietor Namely Sanjeev Kumar (M) aged about 47 years, S/o Rama Kant Sharma, R/o Village- Gosai Tola, Near Mangal Deep Apartment, K.D. Junior School, Patliputra Colony, P.S.- Patliputra, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Home Department (Prisons), Bihar, Patna.

2.

The Inspector General Prison, Bihar, Patna.

3.

The District Magistrate Muzaffarpur.

4.

The Central Jail Superintendent SKRB Central Jail, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Prabhat Kumar Verma (AAG-3) Mr. Saroj Kumar Sharman, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 09-08-2023 None appears for the petitioner.

2. In the instant petition, petitioner has prayed for the following relief(s):- "1. (i) For setting aside the bid disqualification dated 27.03.2021 with regard to tender no.-PCSHD/2019-20/124 (Work No.-1) whereby and where under the e-tender furnished by the petitioner has been disqualified for the cause and reason of pending case vide case vide Kurhani P.S. Case No.-23/2021 u/s 302, 201, 34 & 120B of I.P.C.

Patna High Court CWJC No.14106 of 2021(16) dt.09-08-2023 2/2 (ii) Further commanding the respondent authorities particularly the respondent no.-2 and 4 to do the pragmatic interpretation of pendency of criminal case.

(iii) Grant of any other consequential or incidental relief/reliefs, for which the petitioner can be found entitled for."

3. The reasons for rejection of petitioner's bid is that he had filed false affidavit indicating that he was not facing any criminal proceedings or blacklisted and it is contrary to material information that as on the date of issuance of NIT and before the last date of submission of bid, he was facing criminal proceedings.

4. Therefore, the present petition stands dismissed.

5. At this stage, learned counsel for the State submitted that even otherwise, the present petition has become infructuous in view of later developments in the matter. (P. B. Bajanthri, J) (Jitendra Kumar, J) Shoaib/- U