Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7194 of 2012 ====================================================== J. Ganguly .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 20-04-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act. It is alleged that M/s Larson & Toubro Limited HCC (JV) company was allotted and awarded contract by National High Way authority of India for construction of the road with regard to Golden Quadrilateral Project-1, Delhi, Kolkata covering from 240 K.M. to 320 K.M. in state of Bihar and Jharkhand vide contract agreement dated 26.03.2002 for contract value of Rs. 4,346,811,000/-. It is alleged against this petitioner being Executive Vice President, south and east operation L& T to have signed the agreement for entering into sub contract with M/s ECI and M/s BCC for 100 crores more than the 10% of the total Patna High Court Cr.Misc. No.7194 of 2012 (4) dt.20-04-2012 2 / 3 2 contract being the permissible limit for sub contracting by misleading the National High Way authority and thereby caused loss to the National High Way authority of India to the tune of 22 crores since the works were found substandard also. It is submitted by learned senior counsel for the petitioner that the petitioner being vice president acted on behalf of Larsen and Toubro, hence the act of the petitioner was not in the individual capacity and all the contracting parties were jointly and severally liable. Moreover the calculation of 10% sub contract have not been done properly and the accusation is based on miscalculation. It is further submitted that the investigation is complete, charge sheet has been submitted and the petitioner is ready to appear during trial regularly. Moreover the co- accused Brigadier Satish Kapoor has been granted anticipatory bail vide Cr. Misc. No. 18344 of 2011. It is submitted by Sri Bipin Kumar Sinha, learned counsel for CBI that it was this petitioner who signed with agreement for sub contracting by misleading the national High Way authority of India and it was due to this petitioner’s fraudulent act, the loss was caused to the National High Way authority of India. Considering the fact that accusation arising out of contractual dispute, investigation is complete and petitioner is ready to appear regularly during the trail and other co accused Patna High Court Cr.Misc. No.7194 of 2012 (4) dt.20-04-2012 3 / 3 3 has been granted anticipatory bail, let the petitioner namely J. Ganguly, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I., South Bihar, Patna in connection with Special Case No. 28 of 2004, arising out of R.C. No. 7(S) of 2004 subject to conditions that (i) one of the bailor shall be the wife or the son of the petitioner. The bailor will undertake to furnish information about change of the address of the petitioner (ii) petitioner will give undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse(iii) petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled(iv) the petitioner will not leave the country without the permission of the trial Court. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.