Manoj Sah @ Subodh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6642 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- PASRAHA District- Khagaria ====================================================== Manoj Sah @ Subodh Kumar Sah, (Male) aged about 42 years, Son of Late Lakhan Sah @ Late Ram Lakhan Sah, Resident of Village- Budhuchak, P.S.- Budhuchak, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 12.11.2018 in a case registered for the offences punishable under Sections 489B, 489C and 420 of the IPC.

The prosecution case, as per the written report of Vindeshwari Tanti, dated 06.04.2017 at 7 P.M., submitted to the Station House Officer, Pasraha Police Station, is to the effect that the co-accused Arvind Kumar purchased 2 Kg. potato and paid a 100 rupees currency note, which was suspected to be fake one, when said co-accused also disclosed that he has more fake currency notes worth Rs. 2700/-. Subsequently, the police apprehended the co-accused Arbind Kumar and also seized 28

Patna High Court Cr.Misc. No.6642 of 2019(2) dt.06-02-2019 2/3 fake notes of Rs. 100 denomination. It is further alleged that apprehended co-accused disclosed the name of the person who handed over to him the fake currency notes, as Mangal Kumar and subsequently, co-accused Mangal Kumar disclosed the name of the petitioner who handed over to him the fake currency note.

It is submitted by learned counsel for the petitioner that name of the petitioner sprang up on the confession of apprehended co-accused and the apprehended co-accused, Arbind Kumar and Mangal Kumar have not only been granted bail but they have been acquitted vide judgment dated 11.05.2018, passed in Session Trial No. 408 of 2017, by learned F.T.C.-I, Khagaria. A statement has been made in paragraph no.3 of the petition that the petitioner is made accused in one other case of similar nature of offence.

Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused person. Considering the fact that recovery has not been made from the possession of the petitioner and apprehended coaccused, from whom possession, the said recovery alleged to has been made, have been acquitted, let the above named petitioner be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.6642 of 2019(2) dt.06-02-2019 3/3 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Khagaria in connection with Pasraha P.S. Case No. 44 of 2017.

(Dinesh Kumar Singh, J) Amrendra/- U T