Jharkhand High Court: While dealing with the issue of grant of anticipatory bail to the petitioner, the Court rejected the prayer for causing a wrongful loss of Rs 27.73 lacs to BSL whereby cheating the Bokaro Steel Ltd.company .
In the present case, the petitioner moved a petition praying for anticipatory bail. The counsel for petitioner Mr. Das submitted that petitioner being the Chief Pharmacist of local purchase counter at Boroko General Hospital is not guilty as his work was confined to the disbursement of medicines only and the work for which he is alleged for was of his senior. The arguments of the petitioner were vehemently opposed by the Mr. Deo, who submitted that the petitioner fraudulently and dishonestly supplied the medicines along with Rabindra Prasad, the supplier and other accused persons. CBI further enclosed that the petitioner was posted as a Chief Pharmacist during the relevant time period and so was bound to check all the details and even cross check the records of supplies .and so cannot wither away from his responsibilities
Perusing the contentions and relevant material on the point, Ravi Nath Verma J. rejected the prayer made by the petitioners on the basis of facts proved by thy respondents which transpired the dishonest act committed by the petitioner by fraudulently issuing the receipts and acknowledgement of supply of medicines by M/S Rishikesh in which most of the medicines were not manufactured by pre-approved medicine manufacturer company. Moreover charge-sheet submitted by CBI enclosed the petitioner’s post as Chief Pharmacist and so was bound to check the name of medicines, quality, batch no. of physical supply of medicines which he failed to do so. [Yadunandan Prasad v. State of Jharkhand; 2015 SCC OnLine Jhar 5102, decided on 24.11.2015].
