Single judge allowed two bail applications arising from the same economic offence case. The court granted bail to two accused persons for offences under IPC and Bihar VAT Act, requiring a bond and two local sureties.
Enlargement of both petitioners on bail by furnishing a bond of Rs.25,000 with two local sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30233 of 2017
Arising Out of PS.Case No. -1 Year- 2015 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA
====================================================== Upendra Narayan Singh son of Late Devi Dayal Singh, resident of villageNarbirpur, P.S. Chandi, District- Bhojpur,at present resident of villageSakaddi, P.S. Koilwar, District- Bhojpur
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.33143 of 2017
Arising Out of PS.Case No. -1 Year- 2015 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA
====================================================== 1. Arbind Kumar Singh, aged about 38 Years, Son of Sri Raj Nandan Singh, R/o Village- Jalpura, P.S.- Paliganj, District- Patna.
.... .... Petitioner/s
Versus 1. The State of Bihar Through Economics offence Unit, Govt. of Bihar , Patna
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. B.P.Pandey, Sr. Adv Mr. Anuj Kumar For the Economic Offence: Mr. V.N.P.Sinha, Sr. Adv. Mr. Vijay Anand For the State : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
Both the applications have arisen out of EOU P.S.Case No.1 of 2017, as such they are taken up together and Heard the parties. The petitioners seek regular bail in connection with Economic Offence Case No.001 of 2015, registered for offences
Patna High Court Cr.Misc. No.30233 of 2017 (5) dt.01-08-2017
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punishable under Sections 420, 467, 468, 471, 409 an 120(B) of the Indian Penal Code and Section 81(1)(c)/81(2)/81(4) of Bihar Value Added Tax, 2005.
Allegation against the petitioners in both the cases is that on the basis of same VAT/TIN Number, he was selling coal to Bihar, causing heavy loss of the exchequer to the Government.
Submission of the learned counsel for the petitioners in both the cases, is that the VAT/TIN Number is with respect to work contract in the construction work but he has been made accused in this case on the fact that they have no VAT/TIN in business of supply of coal. It is also submitted that furthermore they have remained in custody for about three months. It has also been submitted that the another co-accused has already been granted bail by this Court, vide order dated 16.9.2016 passed in Cr. Misc. No.33906 of 2016.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners in both the cases, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Economic Offences Case No.001 of 2015.
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With following conditions :
(i) One of the bailors of both the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, their bail bond shall be cancelled.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether the petitioners be granted regular bail in the economic offence case involving charge of cheating and tax fraud.
7 provisions across 2 enactments
Upendra Narayan Singh
Arbind Kumar Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
