Prabhat Kumar Vs State of Bihar (Patna High Court)
In the case of Prabhat Kumar vs. State of Bihar, the petitioner sought anticipatory bail concerning charges under sections of the Indian Penal Code related to fraud and forgery. The allegations involved causing a loss of ₹51,936 in GST to the informant. According to the prosecution, the petitioner committed acts that resulted in tax evasion. However, the defense counsel informed the court that the petitioner had fully repaid the GST amount in cash. As proof, a money receipt was presented as part of the second supplementary affidavit. The petitioner also submitted that both parties had reached a compromise and filed for the withdrawal of the case, substantiated by the compromise petition dated January 9, 2024. Additionally, the petitioner was found to have a clean legal record.
Given the petitioner’s actions to resolve the tax dispute and the absence of any opposition from the Additional Public Prosecutor (A.P.P.), the Patna High Court granted anticipatory bail. The court ordered that the petitioner be released upon arrest or voluntary surrender on furnishing a bond of ₹10,000 along with two sureties of the same amount. The conditions laid down in Section 438(2) of the Code of Criminal Procedure were also imposed. This decision was made on the grounds of the repayment of the GST amount and the amicable settlement between the parties involved.
