Pradeep Kumar Agarwal Vs Senior Intelligence Officer Directorate General of Goods and Service Tax Intelligence

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2270 of 2023

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Pradeep Kumar Agarwal 2. Pramod Agrawal … …. Petitioners

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Versus

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Senior Intelligence Officer, Directorate General of Goods & Service Tax Intelligence, Jamshedpur … ….

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… …. Opp. Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----For the Petitioners : Mr. Nitin Kr. Pasari, Advocate For the Opp. Party : Mr. Ratnesh Kumar, A.P.P.

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Oral Order

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04 / Dated : 19.05.2023

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Apprehending their arrest, the petitioners named above have moved this Court for grant of anticipatory bail in connection with Complaint C/1 Case No. 1853 of 2019 (GRN No. JH R 03-010203-2019) registered under Sections 132 (1)(b), 132 (1)(c), 132 (1)(e), 132 (1)(f), 132 (1)(k) read with Sections 16, 137, 155, 135 of the CGST Act, 2017, pending in the court of Presiding Officer, Special Court, Economic Offences, Jamshedpur.

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The surviving defect, as pointed out by the office, is ignored.

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It is submitted by learned counsel for the petitioners that the offences as alleged are bailable in nature but the petitioners are constrained to move instant anticipatory bail application for the reason that they have no knowledge about the pending case before the court below and no notice was issued to them. Since the warrant of arrest has been issued without service of notice, the present anticipatory bail application has been filed.

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It is further submitted that till date no process under Section 82 Cr.P.C. has been issued.

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Learned counsel has pointed out that the offences are bailable and therefore, the instant anticipatory bail application is not maintainable.

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Accordingly, instant anticipatory bail application is dismissed as not maintainable.

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(Gautam Kumar Choudhary, J . )

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AKT

Pradeep Kumar Agarwal v. Senior Intelligence Officer Directorate General of Goods and Service Tax Intelligence

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Pradeep Kumar Agarwal v. Senior Intelligence Officer Directorate General of Goods and Service Tax Intelligence

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