Navin Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17275 of 2018 Arising Out of PS.Case No. -1 Year- 2015 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ======================================================
1. Navin Mishra Son of Sri Ramesh Chandra Mishra Proprietor of Shree Ganpati Enterprises, resident of Kaurihar Chauk Mahavir Nagar, Raxaul, Ward No. 19, P.S. Raxaul, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Inspector General, Economic Offence, Unit Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vivek Anand Amritesh, Adv. Mr. Kumar Kamal Nayan, Adv.
For the EOU : Sri V.N.P. Sinha, Sr.Adv. Ms.Soni Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Economical Offences P.S.Case No.01 of 2015 , registered for offences punishable under Sections 420, 467, 468, 471, 409, 120(B) of the Indian Penal Code.
Allegation against the petitioner is that he is a businessman and he is not named in the FIR as he has caused loss of revenue to the government.
Submission of the learned counsel for the petitioner is that he is no way related to the coal business and he has a mobile shop and in spite of that the petitioner has been made accused in this
Patna High Court Cr.Misc. No.17275 of 2018 (4) dt.26-06-2018 2/3 case. Further submission is that several other accused persons having similar allegation have been granted bail by this Court vide order dated 11.10.2017 passed in Cr. Misc. No.46961 of 2017, order dated 39052 of 2017, order dated 21.11.2017 passed in Cr. Misc. No.53817 of 2017 and order dated 7.12.2017 passed in Cr. Misc. No.46970 of 2017.
Heard learned A.P.P. and the learned Sr. Counsel for the EOU.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna in connection with Economic Offence P.S.Case no.01 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(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 will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when
Patna High Court Cr.Misc. No.17275 of 2018 (4) dt.26-06-2018 3/3 required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T