Subhash Prasad Vs State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Subhash Prasad Vs State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appellant Subhash Prasad to 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 the learned Judicial Magistrate 1st class, Ranchi, in connection with Lower Bazar P.S. Case No. 139 of 2025; the bail-rejection order dated 17.07.2025 set aside.

Issue for consideration

Whether the appeal directed against the rejection of the appellant's bail application (order dated 17.07.2025 in B.P. No. 872 of 2025, arising out of Lower Bazar P.S. Case No. 139 of 2025) should succeed, resulting in the appellant's release on bail.

Court's answer

The Division Bench had regard to the plausible explanation submitted by learned counsel for the appellant with respect to the recovery of fake currency notes from under the appellant's pillow, and found it acceptable.

Ratio / Principle

The order dated 17.07.2025 passed in B.P. No. 872 of 2025 by the learned Additional Judicial Commissioner II, Ranchi (rejecting the appellant's bail prayer) was set aside.

Key takeaways

The appellant was directed to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st class, Ranchi, in connection with Lower Bazar P.S. Case No. 139 of 2025.ratio¶17

Detailed headnote1 paragraphs

Criminal Appeal (D.B.) — bail granted after appellate review. The High Court of Jharkhand at Ranchi (Rongon Mukhopadhyay and Pradeep Kumar Srivastava, JJ.), allowing Criminal Appeal (D.B.) No. 1018 of 2025, set aside the order dated 17.07.2025 passed in B.P. No. 872 of 2025 by the learned Additional Judicial Commissioner II, Ranchi, whereby the appellant Subhash Prasad's prayer for bail had been rejected in connection with Lower Bazar P.S. Case No. 139 of 2025 (alleged recovery of 29 fake currency notes of Rs. 500 denomination from under his pillow). Having regard to the plausible explanation offered by learned counsel — that the appellant, an ex-army man engaged in the bore-well business, received the currency notes from a customer without intention to deal in fake currency — the Court directed his release on bail on a bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st class, Ranchi.

Neutral Citation No. ( 2025:JHHC:27908-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 1018 of 2025

Subhash Prasad S/o late Deepchandra Prasad, R/o Kali Nagar, PO & PS Namkum, District Ranchi, Jharkhand … … Appellant

Versus

The State of Jharkhand … … Respondent ---

CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

--For the Appellant : Mr. Sheo Kumar Singh, Advocate For the Respondent : Mr. Saket Kumar, A.P.P.

3/12.09.2025 Heard Mr. Sheo Kumar Singh, learned counsel appearing for the appellant and Mr. Saket Kumar, learned A.P.P. appearing for the State.

This appeal is directed against the order dated 17.07.2025 passed in B. P. No. 872 of 2025 arising out of Lower Bazar P. S. Case No. 139 of 2025 by the learned Additional Judicial Commissioner II, Ranchi whereby and whereunder the prayer for bail of the appellant has been rejected.

It has been alleged that 29 fake currency notes of denomination of Rs. 500/- were found from the under the pillow of the appellant.

Learned counsel for the appellant submitted that he is an ex-army man who is involved in the business of bore-well. He further submits that the currency notes were received from a customer and there was no intention of the appellant to deal with the fake currency notes. He further submits that the appellant is in custody since 12.06.2025.

Learned A.P.P. for the State has opposed the prayer for bail of the appellant.

Regard being had to the plausible explanation which has been submitted by the learned counsel for the appellant with respect to the recovery of fake currency notes from under the pillow of the appellant, we while setting aside the order dated 17.07.2025 passed in B. P. No. 872 of 2025 by the learned Additional Judicial Commissioner II, Ranchi,

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direct that the appellant 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 the learned Judicial Magistrate 1^st class, Ranchi in connection with Lower Bazar P. S. Case No. 139 of 2025.

This appeal is allowed.

(Rongon Mukhopadhyay, J.)

(Pradeep Kumar Srivastava, J.)

R. Shekhar Cp 3