Subhash Sah vs. The State Of Bihar
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The petitioner, Subhash Sah, proprietor of M/s Subhash Sah Traders and Maa Durga Traders, applied for regular bail. He is in custody since September 18, 2018, in connection with Sanhaula PS Case No. 135 of 2018, registered for alleged offences under Sections 420, 406, 467, 468, 471, and 120(B) of the Indian Penal Code. The petitioner's counsel argued that no evidence supported allegations of deposit and loan provision in connivance with the petitioner. The petitioner has no prior criminal record. The firms are registered under Rule 10(1) of the GST Act.
Held
The Court granted regular bail to the petitioner. The reasoning was based on the petitioner's lack of criminal antecedents and the significant period he had already spent in custody since September 18, 2018. The Court also noted the absence of supporting evidence for the allegations of deposit and loan provision involving the petitioner. The ratio decidendi is that prolonged custody without criminal history and unsubstantiated allegations can be grounds for granting bail. The operative direction was to release the petitioner on bail upon furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Bhagalpur. A specific condition was imposed that the bailors should be local traders having GST Registration.
Key Issues
1. Whether the petitioner is entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering the alleged offences under the Indian Penal Code and the facts of the case. Petitioner's Argument: The petitioner's counsel contended that the petitioner has no criminal antecedent and has been in custody since September 18, 2018. Furthermore, no one has come forward to support the allegations of deposit and loan provision in connivance with the petitioner. The petitioner's firms are registered under the GST Act. Revenue/State's Argument: The judgment does not record any specific arguments made by the State (opposite party) on the bail application.
Sections Cited
Rule 10(1)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 05-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State. This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Sanhaula PS Case No. 135 of 2018 for the alleged offence punishable under Sections 420, 406, 467, 468, 471 and 120(B) of the Indian Penal Code. Mr. N K Agrawal, learned Senior Counsel, appearing on behalf of the petitioner submits that petitioner is the proprietor of two firms, namely, M/s Subhash Sah Traders and Maa Durga Traders having registration from Govt. of India under Rule 10(1) of GST Registration No.06 Act. Learned counsel submits that no one has come forward to support the Patna High Court Cr.Misc. No.459 of 2019(2) dt.05-02-2019 2/2 allegation of deposit and providing loans in connivance with the petitioner. Petitioner has no criminal antecedent and he is in custody since 18.09.2018. Considering the fact that petitioner has no criminal antecedent and has remained in custody since 18.09.2018, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sanhaula PS Case No. 135 of 2018 subject to the condition that bailors should be the local traders having GST Registration.
mrl./- (Anil Kumar Upadhyay, 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.