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Patna High CourtCR. MISC./4348/2021allowed

Chinta Mani Pandey v. The State Of Bihar

2021-12-09Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4348 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== CHINTA MANI PANDEY Son of Bishwanath Pandey Resident of Village - Chanayan bandh P.S.- Majhauliya, Distt.- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No 7, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-12-2021 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Majhauliya P.S. Case No. 113 of 2020 registered for the offence punishable under sections 420, 467, 468, 470, 471 and 506 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. As a matter of fact, petitioner is not liable to make payment of any service tax, rather it is the Sugar Factory which is liable to pay the same. On being informed, the Service Tax department issued notice to the Sugar Factory. But instead of making payment of the dues, the sugar factory

Patna High Court CR. MISC. No.4348 of 2021(3) dt.09-12-2021 2/2 lodged the present false case against this petitioner. Petitioner has deposited the due amount of service tax. Petitioner is a man of clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 113 of 2020 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T