Subash Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4617 of 2019 Arising Out of PS. Case No.-233 Year-2017 Thana- PIRBAHOR District- Patna ====================================================== Subhash Agrawal Son of Late Arjun Lal Agrawal Proprietor of Rajdhani tripal House/ Rajdhani Treding House,J.K. Mension, Dak Bangla Road, P.S. Kotwali, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Pirbahore P.S. Case No. 233 of 2017 dated 18.05.2017 instituted for the offences under Sections 467, 468, 471, 465, 464, 406 and 34 of the Indian Penal Code and under Sections 81(1)(B), 81(2) (B), 81(3)(B) and 81(4) of the Bihar Vat Act. It has been alleged in the FIR that deliberately and maliciously, the petitioner has shown zero transaction for the relevant financial year thereby causing pecuniary losses to the Government exchequer. By the aforesaid act of withholding correct information, the petitioner has made himself liable for being prosecuted under various Sections of the Indian Penal Code.

Learned counsel for the petitioner has

Patna High Court Cr.Misc. No.4617 of 2019(2) dt.29-01-2019 2/2 submitted that the firm of the petitioner has stopped business and it was correctly stated in the return that there was no transaction for the relevant financial year. However, the difficulty arose because of the faulty report/return filed by a Chartered Accountant who was in the employment of several firms like that of the petitioner.

Under similar circumstances, many other accused persons have been granted anticipatory bail by various orders of this Court which have been annexed as Annexure-7 series to this petition.

Considering the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 233 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T