IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34100 of 2010 ALAKH KUMAR, S/o Late Shailesh Chandra Ghosh, R/o Village-Babu Para, Gandhi Sarowar Path, Godda, in the State of Jharkhand, at present At “Matri Sadan”, Sita Saran Lane, Mithapur, Police Station-Jakkanpur, in the town and District-Patna. Versus 1. THE STATE OF BIHAR. 2. The Union of India through C.B.I. ----------- 02. 07.02.2011 The petitioner seeks quashing of the order dated 01.07.2010 passed by the Sub Judge, CBI, North Bihar, Patna in Special Case No. 8 of 1997 by which he has refused to discharge the petitioner in a case instituted for offence under Sections 407, 420, 467, 468, 471 and 120B IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. The prosecution case is that the Road Construction Department, Siwan issued Supply Orders for supply of bitumen but despite its actual receipt issued certificates with regard to the same and also made false entries in the stock register. The petitioner happened to be the Junior Engineer of the Department and he has showed receipt of 11.84 Metric Tonnes on 13.04.1996. It has been submitted on behalf of the petitioner that the SDO was in-charge of the bitumen that had been received and at his behest that the petitioner had showed receipt. Further it was the SDO who made entries in the stock register with regard to the receipt of bitumen and, 2 therefore, the petitioner should not be prosecuted. It has further been submitted that it was the SDO who was enjoined stockist of the bitumen as per the Bihar Public Welfare Department Rules and, therefore, the petitioner should not be prosecuted. The further submission is that the SDO surprisingly has not been made an accused in the present case. However, on going through the allegations against the petitioner undisputedly he was Junior Engineer who had shown receipt of 11.84 Metric Tonnes on 13.04.1996 which was said to have been ferried through a tank lorry which was found to be in Haldia on the previous date and could not have travelled to Siwan taking load for another destination in such a short time. In view of such, I find no merit in the application. The application is dismissed. Vikash/- (Anjana Prakash, J.)