Regular bail application in a fake currency case involving recovery of fake notes and printing equipment. The court granted bail considering the period of custody, imposing a condition of personal presence on each court date, and allowed the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50289 of 2024
Arising Out of PS. Case No.-88 Year-2024 Thana- BODHGAYA District- Gaya
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Anuj Kumar Son of Umesh Shankar Sharma Resident of village - Chamukhap, P.S.- Tankuppa, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Adv. For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
6 13-12-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Bodhgaya (Cherki) P.S. Case No. 88 of 2024 dated 18.02.2024 registered for the offence/s punishable u/ss 420, 467, 468, 471, 489C, 489D and 489 E read with section 34 of the Indian Penal Code.
3 . As per the prosecution case, on secret informant, police apprehended the co-accused, Birendra Kumar and on search a total amount of Rs. 3,80,000/- of fake notes was recovered from his house. It is further alleged that police also recovered fake note printing machine, notes and stamps from the house of the petitioner.
Patna High Court CR. MISC. No.50289 of 2024(6) dt.13-12-2024 2/3
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was transpired in this case only on the disclosure made by the co-accused person. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the said recovery. The co-accused person has already been granted regular bail by this court vide order dated 01.10.2024 passed in Cr. Misc. No. 38136 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.02.2024.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Bodhgaya (Cherki) P.S. Case No. 88 of 2024, with the following condition/s:-
( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.50289 of 2024(6) dt.13-12-2024 3/3
failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a fake currency notes case given his custody period and the co-accused's bail.
1 provisions across 1 enactments
Anuj Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
