Allowed

Madan Kumar Paswan v. The State of Bihar

Patna HC16 Aug 2023CR. MISC./18025/2023

Case brief

AI extract

What is this about?

The petitioner was in custody for offenses related to counterfeit currency notes. The High Court, noting a co-accused was already on bail, granted the petitioner bail with stringent conditions including family sureties, fortnightly police attendance, and prohibitions on tampering with witnesses.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 25,000/- each with two sureties, subject to strict conditions regarding attendance and conduct.

Madan Kumar Paswan Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18025 of 2023

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Arising Out of PS. Case No.-421 Year-2022 Thana- JAGDISHPUR District- Bhojpur

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======================================================

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MADAN KUMAR PASWAN S/O LAL DEEPP NARAYAN PASWAN Resident of village- Diliya, P.S.- Jagdishpur, District- Bhojpur State Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 16-08-2023 Heard the parties.

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The petitioner is in custody in connection with Economic Offence P.S. Case No. 421 of 2022 for the offence under sections 489(A), 489(D) and 420/34 of the Indian Penal Code lodged on 25.08.2022 by the informant, Sanjeev Kumar.

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As per the prosecution story, on secret information,

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three persons were apprehended and altogether Rs. 6,36,500/- , counterfeit notes of Rs. 500/- denomination were recovered/seized. Further, on confession of Deepak Kumar, the printer as also paper were recovered from his home.

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Learned counsel for the petitioner submits that neither the recovery is from his possession nor he owns the vehicle which were recovered/seized alongwith the counterfeit notes, is in custody since 26.08.2022 (as stated in paragraph 15 of the petition) and one of the similar placed co-accused Md.

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Patna High Court CR. MISC. No.18025 of 2023(4) dt.16-08-2023 2/3

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Sadruddin has since been granted bail by a co-ordinate Bench vide Cr. Misc. No. 223 of 2023.

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Let the same be kept on record.

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Learned APP opposes the prayer for bail stating that they are affecting the economy of the country.

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Though, it is true that use of counterfeit note is menace, greatly affecting the economy of the country, in view of the fact that one of the co-accused has since been granted bail, as stated above and is in custody since 26.08.2022, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five sthousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. 1^st Ara, Bhojpur, in connection with Economic Offence P.S. Case No. 421 of 2022 subject to the following conditions:

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

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Patna High Court CR. MISC. No.18025 of 2023(4) dt.16-08-2023 3/3

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bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

¶29

With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

kiran/-

U T

Madan Kumar Paswan v. The State of Bihar

Case brief

What is this about?

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Madan Kumar Paswan v. The State of Bihar

Case brief

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What did the court decide?

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