Rahul Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68618 of 2018 Arising Out of PS. Case No.-1 Year-2015 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Rahul Kumar Son of Ranjeet Kumar Singh Resident of Village-Telari,P.S. Roh, Distt.-Nawada, Propritor Maa Serawali Coal Depo Nawada ... ... Petitioner/s

Versus

1. The State of Bihar

2. Inspector General,Economic Offence Unit,Baily Road,Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Usha Kumari Singh For the State :

Mr. Sri Arun Kumar Pandey For the O.P. No.2 :

Mr. V.N.P.Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Economic Offence Case No. 1/2015 registered for the offences punishable under Sections 420, 467, 468, 471, 409, 120(B) of the Indian Penal Code and 81(1)(c), 81(2), 81(4) of the Bihar Value Added Tax Act, 2005.

The accusation against the petitioner is that he having prepared forged and fabricated bills caused loss of huge government revenue, but submission on behalf of the petitioner is that having similar allegation, co-accused Krishna Prasad Gupta as well as Chandra Bhushan Singh, Lal Bahadur and

Patna High Court Cr.Misc. No.68618 of 2018(2) dt.13-12-2018 2/3 Krishna Prasad have already been admitted anticipatory bail by a Co-ordinate Bench of this Court.

Although, learned counsel appearing for the Economic Offences opposing the prayer for bail of the petitioner but he could not succeed to distinguish the case of the petitioner from the case of the aforesaid co-accused persons. Therefore, in the aforesaid circumstances with an object to maintain parity of justice, I think it proper to extend the privilege of anticipatory bail to the petitioner and, accordingly, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in Economic Offence Case No. 1/2015 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

Further subject to the conditions that petitioner shall cooperate with the Investigating officer and wherever he is called by the Investigating Officer, he shall appear before him and any failure on his part shall give right to prosecution to

Patna High Court Cr.Misc. No.68618 of 2018(2) dt.13-12-2018 3/3 move for cancellation of bail of the petitioner before the court below itself.

(Hemant Kumar Srivastava, J) Spd/- U T