Pawan Kumar Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.34434 of 2017 (5) dt.13-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34434 of 2017 Arising Out of PS.Case No. -319 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pawan Kumar Thakur, Son of Sri Suresh Thakur, resident of Village - Sobaiya, P.S. - Kotwa, District - East Champaran, Motihari. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 319 of 2017 registered under Sections 420, 406, 409 and 120B of the Indian Penal Code and Section 66(C) of the I.T. Act.

The accusation is that petitioner along with Amit Kumar Upadhyay and Shekhar Kumar, being the Data Entry Operators, tempered in the computer in the data entry regarding the purchase of certain vehicles showing the lesser price to allow deposit of less taxes and cause loss of Rs.62,43,755/- to the Exchequer.

Patna High Court Cr.Misc. No.34434 of 2017 (5) dt.13-12-2017 Learned counsel for the petitioner submits that admittedly petitioner is the Data Entry Operator and his duty was only to enter the details provided by the other officials of District Transport Office, East Champaran, Motihari. It is further submitted that similarly situated co-accused, Amit Kumar Upadhayay and Shekhar Kumar, have already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 17.10.2017 passed in Criminal Misc. Nos. 36027 of 2017 and 37754 of 2017 Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Motihari Town P.S. Case No. 319 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T