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Patna High Court

Rajesh PirogiwalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to grant bail and directed the district court to consider compounding the offence under Section 85 of the Bihar VAT Act within three weeks.

Summary

The petitioner, Rajesh Pirogiwal, director of Diksha Timber Pvt Ltd, was implicated in a 2017 case alleging tax evasion under the Bihar Value Added Tax Act, 2005 and several IPC offences. He claimed innocence, stating that he had supplied timber lawfully to M/s Saha Enterprises, that all taxes were paid in West Bengal, and that a civil suit for unpaid amounts was pending before the Calcutta High Court. He sought pre‑arrest bail and offered to deposit the assessed tax, while the State opposed the bail. The court examined the provisions of Section 85 of the Bihar VAT Act, which allows compounding of the offence by paying a prescribed sum, and held that the petitioner could pursue that remedy. Consequently, the district court's order was modified to direct it to consider compounding within three weeks, and the bail application was disposed of without granting bail.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in the tax evasion case.
  • Whether the petitioner may avail the compounding of offence under Section 85 of the Bihar Value Added Tax Act, 2005.
  • Whether the pending civil suit affects the criminal proceedings.

Legislation cited

Subjects

  • tax evasion
  • value added tax
  • compounding of offences
  • pre‑arrest bail
  • civil suit pending
  • commercial transaction
  • Section 85
  • Bihar VAT Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2606 of 2026
                   Arising Out of PS. Case No.-762 Year-2017 Thana- BHAGALPUR KOTWALI District-
                                                        Bhagalpur
                 ======================================================
                 Rajesh Pirogiwal S/O Late Om Prakash Pirogiwal R/O Mohalla- BG- 115,
                 Sector 2, Salt City, Bidhan Nagar (M), P.S- Bidhan Nagar East, District-
                 Kolkata, (West Bengal).

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s      :     Mr.Ranjan Kumar Jha, Advocate

                 For the Opposite Party/s :      Mr.Tapeshwar Sharma, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   01-04-2026                          Heard Mr. Ranjan Kumar Jha, learned counsel

                   appearing on behalf of the petitioner and Mr. Tapeshwar

                   Sharma, learned APP appearing on behalf of the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Kotwali P.S. Case No. 762 of 2017 registered under

                   Sections 420,467,468,471,465,120B,34 of the Indian Penal

                   Code and sections 81(1)(b),81(2),81(3)(b),81(4) of the Bihar

                   Value Added Tax Act, 2005.

                                 3. As per the allegations made in the FIR, the

                   petitioner along with other accused have wilfully evaded tax

                   under the Bihar Value Added Tax Act, 2005, causing substantial

                   loss to the State of Bihar and M/s Saha Enterprises concealed
Patna High Court CR. MISC. No.2606 of 2026(4) dt.01-04-2026
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          significant transactions and evaded tax on inter-State purchases.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and he has

          falsely been implicated in the present case. The petitioner, being

          the Director of M/s Diksha Timber Pvt. Ltd., had lawfully

          supplied timber to co-accused M/s Saha Enterprises, out of

          which a substantial amount remains unpaid, for recovery

          whereof a civil suit is already pending before the Hon’ble

          Calcutta High Court. All applicable taxes have duly been paid in

          the State of West Bengal. The petitioner’s implication is based

          merely on presumption due to alleged non-furnishing of

          documents, despite having already provided relevant records to

          establish his bona fides. However, the petitioner seeks to avail

          remedy of appeal and in the meantime, he wants to deposit the

          disputed amount of tax as assessed by the Commercial Tax

          Department to get rid of the criminal prosecution.

                       5. Per contra, learned counsel for the informant and

          learned APP for the State vehemently opposed the prayer for

          grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having considered the nature of

          allegations made in the FIR, the materials available on record,
Patna High Court CR. MISC. No.2606 of 2026(4) dt.01-04-2026
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          and the fact that the dispute arises out of a commercial

          transaction for which a civil suit is already pending before the

          Hon’ble Calcutta High Court, between the petitioner and M/s

          Saha Enterprises but at the same time the State should not be put

          at revenue loss.

                       7. Under the scheme of Value Added Tax Act, 2005

          under Section 85, there is provision of compounding of offence

          before or after institution of proceeding under Section 81 which

          inter-alia provides as under :

                                  “81. Offences and penalties-(1) Whoever-
                                  (a) carries on business as a dealer without being
                                  registered in wilful contravention of Section 19, or
                                  (b) fails without sufficient cause to furnish any
                                  information required by Section 23, or
                                  (c) fails, without sufficient cause, when directed so to do
                                  under Section 59, to keep any accounts or record in
                                  accordance with the directions, or
                                  (d) fails, without sufficient cause, to furnish any return as
                                  required by Section 24 by the date and in the manner
                                  prescribed,
                                   shall, on conviction, be punished with imprisonment, of
                                  either description for a term which shall not be less than
                                  one month but which may extend to three months and
                                  with fine not exceeding one thousand rupees.
                                  (2) Whoever-
                                  (a) knowingly keeps false account of the value of the
                                  goods bought or sold by him in contravention of sub-
                                  section (1) of Section 52 or Section 53
                                  or (b) wilfully attempts, in any manner whatsoever, to
                                  evade any payment of any tax, penalty or interest,
                                  shall, on conviction, be punished with imprisonment,
                                  of either description, [for a term which shall not be less
                                  than three months but which may extend to six
                                  months] and with fine not exceeding two thousand
                                  rupees.
                                  (3) Whoever-
Patna High Court CR. MISC. No.2606 of 2026(4) dt.01-04-2026
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                                  (a) not being a registered dealer under Section 19.
                                  falsely represents that he is or was a registered dealer at
                                  the time when he sells or buys goods; or
                                  (b) knowingly furnishes a false return; or
                                  (c) knowingly produces before the prescribed authority,
                                  false bill, tax invoice, cash-memorandum, voucher,
                                  declaration, certificate or other document for any of the
                                  purposes of this Act; or
                                  (d) issues to any person a certificate or declaration
                                  under this Act or the rules framed or notifications issued
                                  thereunder, a bill, cash-memorandum, tax invoice,
                                  voucher or other document which he knows or has
                                  reason to believe to be false; or
                                  (e) obstructs any officer making inspection or search or
                                  seizure under Section 56 or Section 61 or Section 62,
                                  shall, on conviction, be punished with imprisonment, of
                                  either description, [for a term which shall not be less
                                  than six months but which may extend to one year] and
                                  with fine not exceeding three thousand rupees.
                                  (4) Whoever aids or abets any person in the commission
                                  of any offence specified in sub-section (1) or sub-
                                  section (2) or sub-section (3) shall, on conviction, be
                                  liable for punishment of the description specified in
                                  respect of the offence in the commission of which he
                                  has aided or abetted.


                                  85. Compounding of offences. (1) The Commissioner
                                  may, either before or after the institution of proceedings
                                  under Section 81, accept from any person charged with
                                  an offence under sub-section (1) or sub-section (2) or
                                  sub-section (3) or sub-section (4) of the said Section by
                                  way of composition of the offence, a sum not exceeding
                                  ten thousand rupees and where the offence charged
                                  was likely to cause or caused evasion of any amount of
                                  tax payable under this Act, a sum not exceeding three
                                  times of such amount, whichever is higher.


                                  (2) On payment of such sum as may be determined by
                                  the Commissioner under sub-section (1), no further
                                  proceeding shall be taken against the accused person in
                                  respect of the same offence.”



                       8. The petitioner if so advised may avail remedy

          before the Commissioner for compounding of offences and after

          determination of the sum by the Commissioner under sub-
           Patna High Court CR. MISC. No.2606 of 2026(4) dt.01-04-2026
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                     section (1), he may seek appropriate order in that regard.

                                  9. In view of the specific provision contained under

                     section 85, the order of learned District Court is modified to the

                     above extent directing the learned District Court to pass

                     appropriate order in accordance with law after giving due

                     opportunity to the petitioner and all the affected parties

                     including the officers of the Tax Department well within a

                     period of three weeks.

                                  10. The bail application stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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