Gopal Kumar Pandey vs. The State Of Bihar
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The petitioner, Gopal Kumar Pandey, sought anticipatory bail in Gandhi Maidan P.S. Case No. 921 of 2023, registered under Sections 379/420 of the Indian Penal Code. The prosecution alleged that the informant placed an order for food grains from the petitioner's rice mill, paid Rs. 50,00,000/-, but did not receive a receipt. Later, the individuals who took the order absconded. The petitioner contended that he is innocent and falsely implicated. He stated that one Amit Sharma, a regular customer, placed the order for the informant and that the petitioner supplied food grains worth Rs. 54,00,000/-, receiving only Rs. 50,00,000/-, with Rs. 4,00,000/- still due. The petitioner annexed GST bills as proof of supply.
Held
The Court allowed the petitioner's prayer for anticipatory bail. The Court considered the fact that the petitioner had already supplied the food grains required by the informant, as evidenced by the annexed GST bills totaling Rs. 54,00,000/-. The Court also noted the receipt from Mr. Amit Sharma, who was identified as a staff member of the informant. Based on these facts, the Court found it inclined to enlarge the petitioner on bail. The petitioner was directed to surrender in the court below within four weeks and, upon arrest or surrender, would be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. given the allegations of cheating and criminal misappropriation under Sections 379/420 of the Indian Penal Code? Petitioner's argument: The petitioner argued that he is innocent and has been falsely implicated. He submitted that he supplied the food grains as per the order, evidenced by GST bills, and that a portion of the payment is still due. He relied on the GST bills and the fact that the goods were supplied. Revenue/State's argument: The learned Additional Public Prosecutor for the State vehemently opposed the prayer for anticipatory bail, implying that the allegations warranted custodial interrogation or that the petitioner's conduct was suspicious.
Sections Cited
Section 438(2), Section 379, Section 420
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 5 04-04-2025
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with Gandhi Maidan P.S. Case No. 921 of 2023 instituted under Sections 379/ 420 of the Indian Penal Code.
As per the prosecution case, one Deepak Kumar, Chairman of EXALT educational Trust through Manchan Paswan and Sagar @ Rahul placed order for food grains from petitioner’s rice mill. After payment of Rs. 50,00,000/- when the informant asked for receipt from Manchan Paswan and Sagar Kumar, they did not provide him. Later he came to know that Sagar Kumar @ Rahul has switched off his phone and has fled away.
It is submitted by learned counsel for the petitioner 2/3 that the petitioner is innocent and he has falsely been implicated in the present case. One Amit Sharma was regular customer of the petitioner and he placed the order of the food grains which was required by the informant. The petitioner had supplied food grains worth Rs. 54,00,000/- for which the petitioner received a payment of only Rs. 50,00,000/- from Amit Sharma and Rs. 4,00,000/- is due till now.
Learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail.
Having heard learned counsel for the parties and further considering the fact that the petitioner has already supplied the said food grains required by the informant and regarding this he has annexed the GST bills as Annexure ‘2’ of this petition which relates to total amount of Rs. 54,00,000/- and there is receiving of one Mr. Amit Sharma who is staff of the informant, keeping in view the aforesaid facts, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt of a copy of this order and in the event of his arrest or surrender in connection with Gandhi Maidan P.S. Case No. 921/2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each 3/3 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
tusharika/- (S. B. Pd. Singh, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.