Amit Kumar Agarwal @ Amit Kumar Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4193 of 2018 Arising Out of PS.Case No. -233 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. AMIT KUMAR AGARWAL @ AMIT KUMAR AGRAWAL Son of Prem Kumar Agarwal, resident of Bankipur Gorakh, Fatuha, P.O. Fathua, P.S. Fathua, District-Patna, PIn-803201.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Singh, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2018 The petitioner is apprehending his arrest in connection with Pirbahore P.S. Case No. 233 of 2017, registered for offences punishable under Sections 467, 468, 471, 465, 464, 406 and 409 of the IPC.

Allegation against the petitioner is that he filed a return of a company, namely, Shri Tulsi showing nil return for the financial year 2015 -16 and 2016-17, whereas the quarterly return filed by the said firm for the 3rd and 4th period showed an intrastate purchase of Rs. 2, 27, 72, 904 and Rs. 5, 74, 87, 147.45/- respectively from a firm, namely, Manisha Enterprises. Petitioner thereby helped the firm in evading the liability of payment of Vat - Tax.

Submission of learned counsel for the petitioner that

Patna High Court Cr.Misc. No.4193 of 2018 (2) dt.02-02-2018 2/3 name of the petitioner has been disclosed by one Mritunjay Kumar, who has already been granted the privilege of anticipatory bail and partner of the petitioner in the firm has also been granted the privilege of anticipatory bail, which will appear from annexure- 2 of this petition. So far payment of Vat Tax is concerned, the same has already been paid by the beneficiaries. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Patna, in connection with Pirbahore P.S. Case No. 233 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as

Patna High Court Cr.Misc. No.4193 of 2018 (2) dt.02-02-2018 3/3 and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T