Sanjay Kumar @ Sanjay Mehta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27772 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Sanjay Kumar @ Sanjay Mehta Son of Late Shiv Nath Prasad, Proprietor of Prince Bricks Manufacturing Patna City, Residents of- Katara Bazaar Rikabganj, P.S.- Malsalami, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Inspector General, Economic Offence Unit, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aaruni Singh, Advocate For the E.O.U. : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Surendra Pd. Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of Economic Offence Unit, Bihar Patna. The petitioner apprehends his arrest in connection with Economic Offence Patna P.S. Case no. 001 of 2015, registered under Sections 420, 467, 468, 471, 409 and 120(B) of the Indian Penal Code and Sections 81(1)(c), 81(2) and 81(4) of Bihar Value Added Tax Act. The accusation is that three companies were engaged in uplifting of coal from Jharkhand and selling in Bihar in low price without paying the tax to the concerned department. Learned counsel for the petitioner submits that, in fact, petitioner is the proprietor of M/s Prince Bricks Manufacturing, Patna and the company of the petitioner is registered for purchasing the coal

Patna High Court Cr.Misc. No.27772 of 2017 (9) dt.05-12-2017 2/2 to Tata Steel Ltd. (Coal Division), Ghato Tar, Ramgarh, Jharkhand. Further submission is that similarly situated co-accused Umesh Prasad has already been allowed pre-arrest bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 26677 of 2017 on 17.10.2017 Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Magistrate, Patna in connection with Economic Offence Patna P.S. Case No. 001 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T