Narsingh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51598 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ======================================================
1. Narsingh Kumar, S/o Ram Naresh Singh, Resident of Kamal Bigha, P.S.- Rajgir, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Economic Offences P.S. Case No. 01 of 2015 instituted for the offence under Sections-420, 467, 468, 471, 409 and 120(B) of the Indian Penal Code and Sections81(1)(e), 81(2) and 81(4) of Bihar Valued Tax Act, 2005. There is allegation in the written report that the informant received information that some persons are selling coal in the State of Bihar on the half rate in collusion with the businessman of Bihar by cheating the facility of D-IX. It is said that 461 purchasers have purchased coal from Tata Steel Ltd.
(Coal Division), Ghatotand, Ramgarh, Jharkhand. It is said that builty was prepared in the name of M/S Rashmi Trading Company, M/s Dakhineshwari Sales, Ramgarh & M/S Bhadrakali Trading company, Ramgarh by creating false bill mentioning half price by creating D-IX Firm.
Patna High Court Cr.Misc. No.51598 of 2017 (4) dt.21-11-2017 2/3 It has been submitted that the petitioner is not named in the written report. It has further been submitted that in fact, all the three firms, which are named in the written report, have misused the Vat No. of the petitioner.
Counsel for Economic Offences has appeared and submitted that name of this petitioner appears in enclosure 4 of the FIR. The counsel for petitioner has submitted that case of this petitioner stands on similar footing to that of co-accused namely, Sohan Lal Patel who has already been granted anticipatory bail by this court vide order dated 11-10-2017 passed in Cr. Misc. No. 46961 of 2017. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Economic Offences P.S. Case No.
01 of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.51598 of 2017 (4) dt.21-11-2017 3/3 tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) A.K.V./- U T