Suresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66684 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== Ranjeet Kumar, Son Of Bigan Mahto, Resident Of Village- Tara Pipra, P.SGoreakothi, Dist- Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 71772 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== Banty Kumar, Son of Rajdeo Prasad, Resident of village - Goreyakothi, P.S.- Goriakothi, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4684 of 2022 Arising Out of PS. Case No.-110 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== Suresh Kumar, S/o Deo Kishore Sah, Resident of Village- Goeyakothi, P.S.- Goreyakothi, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 66684 of 2021) For the Petitioner/s :
Mr.Mukesh Kumar, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP (In CRIMINAL MISCELLANEOUS No. 71772 of 2021) For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mr.Ranjan Kumar Dubey, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 4684 of 2022) For the Petitioner/s :
Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ======================================================
2/5 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-10-2022 Since all the petitions arise out of Goriakothi P.S. Case No. 110 of 2021, as such, they have been taken up together and are being disposed of by this common order. Heard learned counsels for the petitioners and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioners seek bail in connection with Goreakothi P.S. Case No.110 of 2021, registered for the alleged offence under Sections 489 (A), 489 (B), 489 (C), 489 (D) of the Indian Penal Code and Sections 25 (1-b)a, 26 and 35 of the Arms Act.
As per the prosecution case, on getting secret information about the petitioners and others indulging in printing and trading of counterfeit currency notes, a raid was conducted on the house of the petitioner Banty Kumar and the petitioners along with co-accused Sandeep Kumar were apprehended. From the petitioner Banty Kumar, a loaded country made pistol with one live cartridge was recovered. From the petitioner Ranjit Kumar, a mobile phone was recovered. From the house of the petitioner Banty Kumar, a printer along
3/5 with large number of semi prepared fake currency notes of Rs.2,000/-, Rs.200/- and Rs.100/- amounting to Rs.3,15,750/- were recovered. Further from the house of the petitioner Suresh Kumar, a large number of counterfeit currency notes of different denomination amounting to Rs.2,05,000/- were recovered. From the house of the petitioner Ranjit Kumar, counterfeit currency notes of different denomination amounting to Rs.95,350/- were recovered.
It has been submitted on behalf of the petitioners that the petitioners have been falsely implicated in this case and nothing incriminating has been recovered from their conscious possession. Only a mobile phone was recovered from the petitioner Ranjit Kumar whereas nothing was recovered from the possession of the petitioner Suresh Kumar. The alleged recovery has been made from the joint house of the petitioner Banty Kumar. It has further been submitted on behalf of the petitioners that no villagers or any family members have been made witness on the seizure list. During the course of investigation, no independent witnesses have supported the prosecution case. It has further been submitted on behalf of the petitioners that the petitioners are in custody since 25.06.2021 and the charges have been framed in this case. The petitioners
4/5 are having clean antecedent.
Learned APP opposes the prayer for bail submitting that recovery of huge denomination of counterfeit currency notes along with equipment for printing of the fake currency notes have been made from the houses of the petitioners. The learned APP further submits that FSL report has been annexed with the case diary and it shows the seized currency notes were not genuine Indian Bank Notes and were termed as counterfeit. The witnesses have supported the prosecution case. Perused the records.
Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that recovery of counterfeit currency notes have been made from the houses of the petitioners and they have been apprehended from the spot where equipment for counterfeiting the currency notes were also seized, I do not think it is a fit case for grant of bail to the petitioners since the matter relates to the health of the economy of the country and the allegations are quite serious. Hence, their prayer for bail is rejected.
In view of the report dated 28.09.2022 of learned trial court that the trial is likely to be concluded within six to nine months, the learned trial court is directed to conclude the trial
5/5 within six months.
However, if the trial is not concluded within the stipulated period, the petitioners may renew their prayer for bail. (Arun Kumar Jha, J) V.K.Pandey/- U T