Sanjay Kumar @ Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20492 of 2020 Arising Out of PS. Case No.-1 Year-2015 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== SANJAY KUMAR @ SANJAY YADAV Son of Late Lakhan Prasad Yadav Resident of Village - Chotha, P.S.- Rajauli, Dist.- Nawada. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Inspector General, Economic offence Unit, Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Anant Kumar 1 For E.O.U.
:
Mr. Vishwanath Prasad Singh, Sr. Advocate Mr. Vijay Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned APP for the State, and learned Senior Counsel for the E.O.U. through virtual mode.
The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 471, 409, 120(B) of the Indian Penal Code and 81(1)(c), 81(2) and 81(4) of the Bihar Value Added Tax Act.
The prosecution case, in short, is the accused persons committed evasion of tax in business transaction. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.20492 of 2020(7) dt.30-06-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. No tax evasion has been made on the part of the petitioner. It is further submitted that the petitioner is ready to deposit a sum of Rs. 1,54,984/ (one lac fifty four thousand nine hundred eight four only) in the court below which shall be subject to the final disposal of the case.
Mr. Vishwanath Prasad Singh, learned Senior Advocate appearing on behalf of E.O.U. has no objection regarding deposit being made by the petitioner. Considering the aforesaid facts and circumstances and also the lockdown, on deposit of a sum of Rs. 1,54,984/- (one lac fifty four thousand nine hundred eight four ) in the Court below within a period of ten weeks which shall be subject to final disposal of the cas e , the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Patna in connection with Economic Offence, Patna P.S. Case No. 1/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall
Patna High Court CR. MISC. No.20492 of 2020(7) dt.30-06-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T