Desbandhu Kumar @ Des Bhaktha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2200 of 2020 Arising Out of PS. Case No.-497 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== DESBANDHU KUMAR @ DES BHAKTHA Son of Shyam Mandal Resident of Madhuban Teentenga, Uda Kishunganj, P.S.- Madhuban, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Adv For the Opposite Party/s :

Mrs.Anita Kumari Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-06-2020 The matter has been taken up through video conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420,413,414,489(A),489(B),489(C),489(D),489(E),120(B)of the Indian Penal Code.

The offence alleged is use of counterfeit currency notes.

Learned counsel for the petitioner submits that name of the petitioner surfaced in the confessional statement of co-accused, from whose possession, huge quantity of fake

Patna High Court CR. MISC. No.2200 of 2020(4) dt.30-06-2020 2/3 currency notes were recovered and the co-accused stated before the police while in police custody that the petitioner used to get those fake currency notes circulated in the market. Petitioner has got no criminal antecedent.

Submission is that name of the petitioner surfaced only for the reason that in the mobile phone of the coaccused whoever were there saved as mobile caller has been arrayed as accused.

Considering no direct material against the petitioner save and except confessional statement of co-accused before the police which is no evidence in the eye of law, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kahalgaon P.S.Case No.497 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court ,

Patna High Court CR. MISC. No.2200 of 2020(4) dt.30-06-2020 3/3 failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T