Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63040 of 2019 Arising Out of PS. Case No.-8 Year-2013 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Pankaj Kumar, Son of Arbind Kumar Sinha Resident of Mohalla- Sakuntala Kunj, Paravati Path, M.V. Colony, Kumhrar, P.S.- Agamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Economic Offence Unit through Superintendent of Police, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Jha, Adv.

For the State :

Mr.Madhura Nand Jha, APP For the EOU : Mr. Akhileshwar Pd. Singh, Sr.Adv. Mr. Vijay Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-10-2019 Let the defects pointed out with respect to the statement made in paragraph 4 with regard to the criminal antecedent and with regard to fresh materials and grounds for moving this Court be ignored.

Heard learned counsel for the petitioner and learned counsel representing the Economic Offence Unit. Learned counsel for the petitioner submits that while passing the order dated 22.07.2019 since the learned counsel for the petitioner was not present, it could not be pointed out to this Court that throughout the investigation of the case the petitioner had been cooperating with the investigation. In this connection, learned counsel has read out certain paragraphs of the case diary

Patna High Court CR. MISC. No.63040 of 2019(2) dt.18-10-2019 2/3 to submit that this petitioner had himself gone to the office of the investigating officer to make his statements. Learned counsel for the petitioner further submits that the physical condition of the petitioner is such that he cannot move without support from other person.

Learned counsel representing the Economic Offence Unit submits that in the order dated 22.07.2019 this Court has given consideration to all materials which were available on the record and no fresh ground is being urged on behalf of the petitioner for grant of anticipatory bail. It is further submitted that if the petitioner has cooperated in course of investigation or any other physical abnormality is there with the petitioner, the same may be shown to the court below while pressing the application for grant of regular bail.

Having heard learned counsel for the petitioner and learned counsel for the Economic Offence Unit, this Court is of the opinion that no new ground for consideration has been made out on behalf of the petitioner. The apprehension of the petitioner that because of rejection of the anticipatory bail application the court below would not give a proper consideration to his regular bail application and the same shall be rejected in a routine manner has no basis to stand. If the

Patna High Court CR. MISC. No.63040 of 2019(2) dt.18-10-2019 3/3 petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered without being prejudiced by the order of this Court and an independent consideration be given keeping in view the parameters for grant of regular bail. It will be open for the petitioner to make all such submissions which are available to him before the court below which will be considered.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) arvind/- U