Jharkhand High Court
Jitesh Rajpal vs The State Of Jharkhand on 3 December, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 8075 of 2019
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Jitesh Rajpal ... Petitioner
Versus
1. The State of Jharkhand
2. Sandeep Ganguly ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Madhav Prasad, Advocate For the State : Mr. N.P. Thakur, Addl. P.P.
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Order No.04 Dated- 03.12.2019 Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.O. No.20 of 2018 registered under sections 276B read with Section 278B of the Indian Tax Act, 1961.
Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.
The Learned counsel for the petitioner submits that the petitioner has cleared all his income tax dues and as no more amount is to be paid in respect of the Income Tax including interest and penalty/fine amount hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Let notice be issued to the opposite party no.2 under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a week by the petitioner, failing which, this application shall stand dismissed without further reference to the Bench.
The learned Addl. P.P. opposes the prayer for anticipatory bail.
The opposite party no.2 is directed to file an affidavit mentioning therein whether the petitioner has any Income Tax dues including the penalty/fine amount and interest still payable by him.
List this case on 20.02.2020.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to pass an interim order of anticipatory bail provisionally till 20.02.2020. In case of the petitioner being arrested by the police on or before 20.02.2020, he shall be released on bail provisionally on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five thousand) with two sureties of like amount each to the satisfaction of the officer concerned in connection with C.O. No.20 of 2018 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Gunjan-