Bipin Yadav @ Bipin Kumar vs. The State Of Bihar
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The petitioner, Bipin Yadav @ Bipin Kumar, seeks anticipatory bail in connection with Warisaliganj P.S. Case No. 566 of 2023. The case was registered for offences under Sections 420, 467, 468, 471, 34, 120(B) of the Indian Penal Code and Sections 66(B) and 66(D) of the I.T. Act. The prosecution alleges that the accused, including the petitioner, defrauded innocent people by trapping them in loan schemes and extorting money under the guise of processing fees and GST. The petitioner claims innocence, stating he was not arrested at the spot, no incriminating material was recovered from his possession, and his name surfaced based on disclosures by co-accused. He also asserts no criminal antecedents and that co-accused have been granted anticipatory bail.
Held
The Court granted anticipatory bail to the petitioner. Considering the petitioner's submissions, including his claim of innocence, lack of direct incriminating evidence against him, and the fact that his name surfaced based on co-accused disclosures, the Court found it appropriate to grant relief. The Court also took into account the petitioner's stated lack of criminal antecedents and the fact that co-accused have already been granted anticipatory bail. The petitioner was directed to be released on anticipatory bail upon arrest or surrender within six weeks, subject to furnishing bail bonds and sureties, and adhering to the conditions stipulated under Section 438(2) of the Cr.P.C. The specific amount of money in dispute or the tax periods were not detailed in the judgment.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. given the allegations of fraud and cheating involving loan schemes and GST, and the fact that his name emerged from co-accused disclosures? Petitioner's arguments: The petitioner contends he is innocent and falsely implicated. He highlights that no incriminating evidence was recovered from him, his name is based solely on co-accused statements, and he has no criminal antecedents. He further points to the grant of anticipatory bail to co-accused as a precedent. Revenue/State's arguments: The State opposes the prayer for anticipatory bail.
Sections Cited
Section 438
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Warisaliganj P.S. Case No. 566 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471, 34, 120(B) of the Indian Penal Code and Section 66(B) and 66(D) of the I.T. Act.
As per prosecution case, the accusation against the accused persons including the petitioner is of trapping the innocent people in the name of giving loans and defrauding them of money in the name of processing and GST.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged 2/3 against him and has falsely been implicated in the present case. The petitioner was neither arrested at the spot nor anything incriminating has been recovered from his conscious possession. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the co-accused Basant Kumar and others and, except this, nothing has come against the petitioner in this case. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application.
Learned counsel for the petitioner further submits that the co-accused persons have been granted anticipatory bail by this Court vide order dated 02.08.2024 passed in Cr. Misc. No. 53476 of 2024. 6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner as also the petitioner having no criminal antecedent, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on 3/3 anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 566 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
rishi/- (Rudra Prakash Mishra, 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.