Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5486 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== Vijay Mahto Son Of Late Jay Kishore Bhagat R/V- Vishanpur Adhar, P.SKanhauli, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with Sonbarsa P.S. Case No.253 of 2022 registered for the offence under Sections 489-A, 489-B and 489-C of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 04.08.2022.

The allegation against the petitioner is to have in possession of six counterfeit Nepali currency notes of 1000 denominations.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.5486 of 2023(2) dt.09-05-2023 2/3 present case as recovery of alleged counterfeit Nepali currency notes not appears to be recovered from the conscious physical possession of the petitioner. It is submitted that petitioner is not connected in any manner with the alleged counterfeit currency notes and moreover co-accused, namely Faiz Alam, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No.8364 of 2023 vide order dated 13.04.2023. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the nature of accusations, where petitioner is in custody since 04.08.2022 coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be released on bail in connection with Sonbarsa P.S. Case No.253 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.5486 of 2023(2) dt.09-05-2023 3/3 Judicial Magistrate-VII, Sitamarhi/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T