ANKIT KOTRIWALA VERSUS THE STATE OF BIHAR & ORS. Special Leave to Appeal (Crl.) No.5350/2023

ITEM NO.2 COURT NO.13 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.5350/2023
(Arising out of impugned final judgment and order dated 25-02-2023 in CRLM No. 13623/2022 passed by the High Court of Judicature at Patna)
ANKIT KOTRIWALA Petitioner(s)
VERSUS
THE STATE OF BIHAR & ORS. Respondent(s)
(IA No. 120365/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES
IA No. 92902/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 13-02-2024 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. C. George Thomas, AOR
Mr. Arush Khanna, Adv.
Ms. Prapti Allagh, Adv.
Ms. Prachi Pandey, Adv.

For Respondent(s) M/S. Lawfic, AOR
Mr. Siddhartha Dave, Sr. Adv.
Mr. Anuroop Chakravarti, Adv.
Mr. Yashaswin Venugopal Bajpai, Adv.
Ms. Vishakha Pande, Adv.
Mr. Dilip Kumar, Adv.
Ms. Jemtiben Ao,, Adv.

Mr. Azmat Hayat Amanullah, AOR
Mr. T.G. Shahi, Adv.

UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner seeks leave to challenge the order dated 25.02.2023 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.13623/2022 whereby the application of the petitioner for pre-arrest bail was rejected.

2. Heard learned counsel appearing for the petitioner, the learned standing counsel appearing for the respondent-State of Bihar as also Mr. Siddharth Dave, learned Senior Counsel appearing
for the de fecto complainant.

3. This Court on 21.11.2023 protected the petitioner from arrest, subject to his co-operating with the investigation. Thereafter, the petitioner was directed to appear before the Investigating
Officer on 06.02.2024. It is submitted by the learned counsel for the respondent-State of Bihar that pursuant to the said order, the petitioner appeared before the Investigating Officer. Now, taking
note of the nature of allegations and also the fact that petitioner appeared before the Investigating Officer, we are inclined to dispose of the captioned Special Leave Petition, directing that in
the event of arrest of the petitioner, he shall be enlarged on bail, subject to the terms and conditions to be imposed by the Investigating Officer. It is made clear that as and when the presence of petitioner is required by the Investigating Officer, the petitioner shall appear before the Investigating Officer. Ordered accordingly.
4. The Special Leave Petition stands disposed of, as above.
5. Pending application(s), if any, shall stand disposed of.
(VIJAY KUMAR) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)