Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19314 of 2023 Arising Out of PS. Case No.-796 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== DHANANJAY KUMAR S/o Krishna Kant Prasad R/o Village- Sataha Dubey Tola, P.S.- Paharpur, Distt- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 489(B)(C) of the Indian Penal Code pending in the learned court below. As per the prosecution case, 80 fake currency notes of the denomination of Rs.200 each was recovered from the an accused person, namely, Kailash Kumar. Kailash Kumar admitted that the currency notes were counterfeit and the same has been given to him by the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no incriminating article has been recovered from the conscious possession of the petitioner. He submits that during course of investigation the police has

Patna High Court CR. MISC. No.19314 of 2023(3) dt.12-07-2023 2/2 obtained the Call Detail Report of the mobile phones recovered from the possession of the co-accused Kailash Kumar and found that the said person has never talked with the petitioner. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application submits that the petitioner is also involved in the present case. Hence, he does not deserve anticipatory bail.

Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Bettiah Muffasil P.S. Case No. 796/2022. Accordingly, his prayer for anticipatory bail is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) ajay/- U T