Sudhir Kumar v. The State Of Bihar Through Superintendent Of Police, Economic Offence Unit, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3186 of 2020 Arising Out of PS. Case No.-1 Year-2015 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== 1.

Sudhir Kumar S/O Harendra Prasad Yadav Resident of Village - Bhour, P.S. Ragauli, District - Nawada.

2.

Amarjeet Singh S/O Mathura Singh Resident of Village - Hardiya Sector A P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar through Superintendent of Police, Economic offence Unit, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.V.N.P. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Economic offece P.S. Case No.1 of 2015 registered for the offence under Sections 420, 467, 468, 471, 409, 120B of the Indian Penal Code and Section 81(1)(c), 81(2), 81(4) of Bihar Value Added Tax Act 2005.

The allegation against the petitioners is evasion of sales tax on the basis of false entries made in the sale invoice generated by the three companies situated in state of Jharkhand.

Patna High Court CR. MISC. No.3186 of 2020(3) dt.28-02-2020 2/3 Learned Counsel for the petitioners submits that most of the similar situated co-accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 26677 of 2017, Cr. Misc. No. 27772 of 2017, Cr. Misc. No. 39052 of 2017, Cr. Misc. No. 68618 of 2018, Cr. Misc. No. 59332 of 2018.

Learned APP opposed the prayer for anticipatory bail. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna in connection with Economic Offence P.S. Case No.1 of 2015 on the following conditions: "(1) Petitioners shall cooperate in the tiral and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.3186 of 2020(3) dt.28-02-2020 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) SUMIT/- U T