Mahendra Singh v. The State Of Bihar Through Superintendent Vigilance Investigation Bureau, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60495 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Mahendra Singh, Son of Late Dev Narayan Singh Resident of VillageKanchhdeba, P.S-Harsidhi, District-East Champaran. At present working as Executive Engineer, Western Kosi Division, Keoti, Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar Through Superintendent Vigilance Investigation Bureau, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Mishra For the Opposite Party/s :
Mr.Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 56 of 2018, registered under Sections 409, 467, 468, 471 and 120(B) of the Indian Penal Code and Section 13(2) read with Section 13(1)(a) of the P.C. Act.
The accusation is that different suppliers had submitted their quotations to Municipal Corporation, Muzaffarpur, in pursuance of tender notice dated 17.09.2017 for purchasing of Garbage Tipper. The quotation of M/S Tirhut Auto Mobiles, Muzaffarpur was lowest one and quotation of
Patna High Court CR. MISC. No.60495 of 2019(2) dt.25-09-2019 2/3 M/S Maurya Motors Private Ltd. was second lowest. But on same rate, M/S Maurya Motors Private Ltd. was allowed to supply the "Garbage Tippers" and this was done by Mr. Ramesh Ranjan, the then Municipal Commissioner, Muzaffarpur. It has also come that this petitioner being the Assistant Engineer, was one of the members of tender committee.
Learned counsel for the petitioner submits that petitioner was posted as Assistant Engineer (Civil) at Muzaffarpur and on the instruction of the then Municipal Commissioner, he was participated in the committee and petitioner has no concerned in the payment of money to the bidder to supply of Garbage Tippers. It is further submitted that co-accused, Dr. Rangnath Chaudhary @ Rang Nath Choudhary, has already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 27.03.2019 passed in Criminal Misc. No. 4615 of 2019.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge
Patna High Court CR. MISC. No.60495 of 2019(2) dt.25-09-2019 3/3 Vigilance, North Bihar, Muzaffarpur, in connection with Vigilance P.S. Case No. 56 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T