Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1763 of 2016 Arising Out of PS.Case No. -263 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ====================================================== Munna Kumar, son of Chandrika Rai, Resident of Village- Bakhari, P.S.- Baikunthpur, District- Gopalganj.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Naresh Chandra Verma For the Opposite Party : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Maharajganj P.S. Case No. 263 of 2015, registered under Sections 489(A), 489(B) and 489(C) of the Indian Penal Code.

The allegation of informant Prbhu Nath Prasad in that the petitioner reached at the grocery shop of the informant and purchased some household articles, thereafter, petitioner gave a note of Rs. 500/- to the informant that was found fake in appearance. The petitioner was apprehended, but he moved from there to attend call of nature, where he found petitioner was concealing a bundle of 51 notes of Rs. 500/- in the grasses.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the fake notes have been given by the informant to the Police. Further submission is that,

Patna High Court Cr.Misc. No.1763 of 2016 (3) dt.02-03-2016 2/2 in fact, during the purchase of household articles some hot words were exchanged in between the petitioner and informant and due to that reasons, informant got managed to implicate this petitioner in the present case. The petitioner is accused in two more cases, but he has been enlarged on bail. The petitioner is in custody since 01.10.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, in connection with Maharajganj P.S. Case No. 263 of 2015.

Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/- U T