Dilip Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62590 of 2018 Arising Out of PS. Case No.-84 Year-2016 Thana- VIGILANCE District- Patna ====================================================== Dilip Sharma son of Late Bangali Sharma, resident of Mohalla-Kuel Basti, Pachna Road, Lakhisarai, P.S. Lakhisarai, District-Lakhisarai. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Police Inspector, Vigilance Investigation Bureau, Bhagalpur Range,Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry For the Opposite Party/s :

Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 84 of 2016 registered for the offence punishable under Sections 13(2) read with Section 13(1) (c)(d) of the Prevention of Corruption Act, 1988 and under Section 467/468/471/406/409/420/120B of the Indian Penal Code and under Section 2(g), 4(1) & 14 of Bihar Rules for Establishment of Saw Pit and Establishment and Regulation of Depots, 1983.

Learned counsel for the petitioner submits that though saw mills licence of the petitioner has been cancelled, yet CST and BST has not been cancelled which permitted him to purchase and bring forest

Patna High Court Cr.Misc. No.62590 of 2018(2) dt.06-12-2018 2/2 goods from other state and, therefore, there is no offence in the matter. He further submits that the petitioner had been purchasing goods from other states and had been selling it to the other saw mills which is not an offence and the forest authorities has certified that it is not forest goods but has been purchased in a bona fide manner in pursuance of the licence issued in favour of the petitioner.

Considering the aforementioned facts and circumstances and that the petitioner has been in possession of a valid CST and BST licence which is Annexure-3, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds 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 Vigilance P.S. Case No. 84 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anjana Mishra, J) Saif/- U T