Sri Pradeep Kumar Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21239 of 2022 Arising Out of PS. Case No.-577 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sri Pradeep Kumar Agrawal, Son Of Sagar Mal Agrawal Residence Of Ashram Road, Raxaul, P.S.- Nagar Thana, District - East Champaran, Bihar - 845305 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajit Ojha- Advocate Mr. Apurv Harsh- Advocate Mr. Manu Tripurari Ms. Mahima Sharma Mr. Prashant Bhardwaj Mr. Sujit For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant, District Land Acquisition Officer, East Champaran alleges that the petitioner without obtaining any order from the office of the undersigned uploaded the Income tax return file on allotted TAN No.PTNGO4652E of the Income Tax Department, which

Patna High Court CR. MISC. No.21239 of 2022(2) dt.07-07-2022 2/3 is against the rule. It is next alleged that on account of the conduct of the petitioner, the department lost a considerable amount of revenue, for which an appeal is also preferred before the Income Tax Authority.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The act complained of is not an illegality, but may be an irregularity. It is next submitted that the informant was aware of the loss incurred on account of the act of the petitioner in the Year 2017 itself, when he had filed an appeal before the tax authority, but still the present F.I.R. came to be instituted in 2021 i.e. after a delay of more than 04 years without any plausible explanation. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that there was an inordinate delay in instituting the F.I.R. without any plausible explanation, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is

Patna High Court CR. MISC. No.21239 of 2022(2) dt.07-07-2022 3/3 pending in connection with Motihari Town P. S. Case No.577 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T