Arvind Kumar v. The State Of Bihar Through The Superintendent Economic Offences Unit, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63088 of 2018 Arising Out of PS. Case No.-40 Year-2013 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Arvind Kumar Son of late Ramyatan Pd. Singh correct name Ram Jatan Pd. Singh Resident of Mohalla-Chanakyanagar Kumrahar, P.S.-Agam Kuan, Distt.-Patna ... ... Petitioner/s
Versus
The State Of Bihar Through The Superintendent Economic Offences Unit, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr. Ravi Bhardwaj, Advocate For the E.O.U.
:
Mr. Akhileshwar Prasad Singh, Sr. Advocate Mr. Vijay Anand, Advocate For the Vigilance Mr. Anjani Kumar, Sr. Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-01-2019 Heard learned Senior Counsel for the petitioner and learned Senior Counsel appearing on behalf of the Economic Offences Unit.
The present application for continuance/confirmation of the order granting pre-arrest bail to the petitioner vide order dated 27.10.2015 passed in Cr. Misc. No. 48384 of 2014 has come before this Court for consideration.
Learned Senior Counsel for the petitioner submits that earlier this Court while considering the case of disproportionate assets by the investigating agency, had been pleased to extend
Patna High Court Cr.Misc. No.63088 of 2018(5) dt.16-01-2019 2/3 the privilege of anticipatory bail to the petitioner as they had not been able to complete the investigation and the matter has been hanging on his head. It is further submitted that pursuance to the earlier order, the petitioner has co-operated in the investigation and now charge-sheet has been submitted and, therefore, in view of the changed circumstances, he is renewing his prayer for anticipatory bail so that the same may be continued and he may not be put behind bars. Learned counsel for the petitioner submits that as and when required, he shall appear before the trial Court and co-operate in the charge including surrendering before the Court for the purposes of receiving the police papers and attending the Court for framing of charge.
It is, thus, submitted that such interim protection which had been granted by this Court earlier may be continued as he has honoured the earlier order and not misused it and will not do so in future as well.
Patna High Court Cr.Misc. No.63088 of 2018(5) dt.16-01-2019 3/3 eligible for grant of anticipatory bail. He should, thus, surrender before the Court below and pray for appropriate legal remedy.
Having considered the entire facts and circumstance of the case and upon consideration of the earlier conduct of the petitioner including the fact that he is now ready to co-operate in the trial as well and appear before the Court as and when required, including appearance for taking over the police papers, I find no reason to reject his application. In view of such circumstances, the earlier order dated 27.10.2015 passed in Cr. Misc. No. 48384 of 2014 stands confirmed and the bail bonds filed earlier shall continue to hold good during the course of the trial.
It is further directed that in case there is any misdemeanor and/or non-adherence to the undertaking given to the Court on behalf of the petitioner or any act towards noncompliance of the present order, it shall be open for the Economic Offence Unit to move under the provisions of law for cancellation of the present order.
(Anjana Mishra, J) Saif/- U T