Manoj Kumar Soni v. The State Of Bihar Through The Superintendent Of Police Economic Offence Wing Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7748 of 2016 Arising Out of PS.Case No. -74 Year- 2014 Thana -KOTWALI District- MUNGER ====================================================== Manoj Kumar Soni Son of Late Ram Padarth Saw, resident of villageMohanpur (Sadar Bazar Near Masjid), P.S.- Jamalpur, District- Munger .... .... Petitioner/s

Versus

The State of Bihar through the Superintendent of Police, Economic Offence Wing Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. V.N.P. Sinha(EOU) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and counsel for the Economic Offence Unit.

The petitioner is seeking bail in connection with Spl. Case No. 37A/2014 arising out of Munger Kotwali P.S. Case No. 74 of 2014 for offence under Sections 406, 409, 420, 467, 468, 471 and 120B and Section 7, 12, 13, 14 of the Prevention of Corruption Act and Sections 65, 66(ii) & 72 of the I.T. Act, 2000. During inspection and raid by the Excise Superintendent, Munger, it transpired that the petitioner and other persons connived and caused heavy loss to the State Exchequer to the extent of Rs. 3,78,67,630/-.

Learned counsel for the petitioner submits that the petitioner is ready to deposit 50% of the amount in twelve months in equal installments.

Patna High Court Cr.Misc. No.7748 of 2016 (5) dt.19-04-2016 It is a case where proper excise duty has not been deposited by the petitioner.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, namely, Manoj Kumar Soni, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-II, Patna in connection with Spl. Case No. 37A of 2014 (arising out of Munger Kotwali P.S. Case No. 74 of 2014), subject to the condition that the petitioner will first deposit Rs. 10 lac in the Munger Treasury and, on proper authentication and verification, he will be granted provisional bail. He will remain on provisional bail for a period of twelve months and it is directed that during that period, he will deposit half of the aforesaid amount in 12 equal installments. If the petitioner deposits the half of the aforesaid amount, the provisional bail granted will be treated to have been confirmed.

It is, however, made clear that if the petitioner fails to deposit even a single installment, the police will be at liberty to take the petitioner into custody.

(Shivaji Pandey, J) Rishi/- U T