Case Law Details
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.
In conclusion, the court considered the full repayment of the disputed tax and the compromise between the parties as significant factors in granting anticipatory bail. With no opposition from the state, the petitioner’s clean record and the successful resolution of the financial aspect led to the court’s decision to grant bail under specific conditions.
FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT
Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 419, 420, 423, 406, 467, 468, 471 of the Indian Penal Code.
3. As per the prosecution case, this petitioner caused loss of GST tax of Rs. 51,936/- to the informant.
4. Learned counsel for the petitioner submits that the entire tax amount of Rs. 51,936/- has already been deposited in cash (money receipt annexed as Annexure-4 to the 2nd supplementary affidavit) and pursuant to the same both parties have entered into compromise on 09.01.2024 and filed a compromise petition (Annexure-3) before 195 of 2021 and also a petition for permission to withdraw the case (Annexure-3/1). Petitioner has got clean antecedent.
5. Learned A.P.P. for the State does not dispute the contention made on behalf of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Darbhanga in connection with Bahadurpur P. S. Case No. 195 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
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