Lavkush Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6754 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- KANGLI District- West Champaran ====================================================== Lavkush Kumar Singh Son of Late Rajnarayan Singh Resident of village - Murli, P.S.- Birganj, District - Parsa (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur, Adv.

Mr. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Kangli P.S. Case No. 76 of 2024 instituted for the offences under Sections 179, 180 of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the petitioner is the accused of entering the Indian border with 100 pieces of Indian fake notes of Rs. 500 denomination and 28 pieces of Indian fake notes of Rs. 200 denomination from Nepal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.6754 of 2025(4) dt.06-05-2025 2/3 recovered from the conscious possession of the petitioner. The petitioner was not aware of the alleged notes being the counterfeit note. He further submits that Section 179 of the B.N.S. is not attracted in this case as the petitioner was not using the so-called alleged counterfeit notes. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.11.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kangli P.S. Case No. 76 of 2024, subject to the following conditions;

(i) One of the bailor(s) must be the resident of India. (ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.6754 of 2025(4) dt.06-05-2025 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T