JUDGMENT :

1. Since all the anticipatory bail applications arise out of one and the same case, hence they are taken up together and disposed of by common order

2. Petitioners are apprehending their arrest in connection with Bistupur P.S. Case No. 150 of 2011, corresponding to G.R. No.1957 of 2011 for the offence under sections 406, 420, 467, 469, 471, 34 of the I.P.C lodged on the basis of written report of informant- Ajay Kumar alleging therein that the Jharkhand State Electricity Board vide order dated 05.06.2010 and 27.08.2010 has constituted a Five-Member-Committee to enquire into the excess payment made to Billing Agencies vide Electrical Supply Division, Jamshedpur and Ghatshila for the concerned illegalities.

3. The said committee has submitted its enquiry report dated 17.09.2010 which was not signed by Sri Amit Banerjee, the Finance Controller and the said enquiry report suggests that an amount of Rs. 01,89,65,495.92 for a period from September, 2002 to March, 2009 is to be recoverable from the petitioners’ firm M/s Prakriti Enterprises.

4. The agencies were given work order vide work order no. 1698 dated 23.08.2002 with respect to Meter Reading, Meter Surveillance Work and Bill Distribution Work.

5. The work order was valid from September, 2002 to Semptember-2004 but without new NIT/work order, the extension of the work was given, which is the main reason for excess payment.

6. During enquiry, it was found that serious irregularities in violation of the work order has been made by the agencies with respect to meter reading work, meter surveillance work, Bill distribution work, monthly energy bill, consumer assessment ledger, cost of hard board binding, revenue statement-1 and other compile report, list of defaulter consumer, disconnected consumer etc and CD charges.

7. It is further alleged that the General Manager-cum-Chief Engineer vide office order dated 02.02.2010 has constituted a three –member-committee for justifying the expenditure upon the billing agencies.

8. The said Committee submitted its report dated 23.02.2010 on the basis of one month’s assessment and an amount of Rs. 7,22,948.00 was found to be recoverable as an excess payment.

9. The Accounts Officer (Audit) JSEB also submitted the audit report dated 16.04.2010 and he has reported that an amount of Rs. 2,65,23,108.00 is the excess payment made to the Agencies.

10. On the basis of the aforesaid reports, the billing agencies including the petitioners’ firm have violated the conditions of the work order and other rules and submitted the imaginary and forged bill and by committing forgery, have misappropriated the crores of rupees of the Board. On the basis of these and another allegations, the instant case has been lodged.

A.B.A. No.1325 of 2018 (Pratosh Kumar & Anr. Vs. State of Jharkhand & Anr.

11. Learned counsel for the petitioners while pressing the anticipatory bail application has submitted :

“(9) That it is stated that the Jharkhand State Electricity Board issued tender notice No. 119 dated 27.06.2002 inviting sealed tender for meter reading, meter surveillance, bill distribution under the jurisdiction of electricity supply area in Jamshedpur, Adityapur, Ghatshila etc. The last date for submission of the tender form was fixed 27.06.2002.

(10) That it is stated that there were different firms who have been awarded order which includes M/s Infosoft Data Services Private Limited for Electric Supply Division, Adityapur, Mr. Crystal Computer Informatics Centre Pvt. Ltd for supply Division, Jamshedpur (Sub-Division Chhota Govindpur and Mango) and M/s Prakriti Enterprises for electric Supply Division, Jamshedpur (Sub-Division, Karandih and Jugsalai).

(11) That it is stated that the General Manager-cum-Chief Engineer vide Memo No. 1698 dated 23.08.2002 issued work order in favour of M/s Infosoft Data Services Private Limited, wherein the scope of services, frequency of reports and other terms and conditions have been mentioned.

(12) That it is stated that in pursuance