Uma Shankar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47483 of 2015 Arising Out of PS.Case No. -539 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Vikram @ Vikram Lakhlan Son of Jagdish Lakhlan resident of VillageMithi, Tahshil-Siwani, P.S.- Bahel, District- Bhiwani, Haryana. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.47624 of 2015 Arising Out of PS.Case No. -539 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Uma Shankar Chaudhary Son of Chhotelal Chaudhary, resident of village - Kotrahan, Police Station- Nautan, District - West Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.47483 of 2015) For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. (In Cr.Misc. No.47624 of 2015) For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of regular bail arises out of Bettiah Town P.S. Case No. 539 of 2015, disclosing offences under Sections 489B and 489C/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.47483 of 2015 (2) dt.30-10-2015 2/3 From the prosecution case, it appears that the Police on the basis of a tip off conducted raid and arrested one Birendra Prasad as well as Vikram @ Vikram Lakhlan, petitioner of Criminal Miscellaneous No. 47483 of 2015. The Police recovered from the possession of Birendra Prasad Verma, counterfeit notes of Rs. 500/- denomination.
It is submitted on behalf of the said Vikram @ Vikram Lakhlan that though he was arrested by the Police, on the statement of Birendra Prasad that he was about hand over the fake currency notes to him, though nothing, in fact, was recovered from him.
Learned counsel appearing on behalf of the petitioner Uma Shankar Chaudhary, on the other hand, has submitted that his name surfaced on the basis of statement of the said Birendra Prasad, who is said to have stated that the said counterfeit notes were given to him by the said Uma Shankar Chaudhary. Learned counsel for the petitioners thus contends that even if the prosecution case as narrated in the First Information Report, is stated to be correct, no recovery of any counterfeit currency notes have been recovered from the petitioners. It has been stated that the petitioners have no criminal antecedent.
Considering the submissions as above, this application
Patna High Court Cr.Misc. No.47483 of 2015 (2) dt.30-10-2015 3/3 is allowed.
Let the petitioners, above-named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (T) P.S. Case No. 539 of 2015. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
Subject to further condition that if the petitioners are found indulging in similar offence in future, the prosecution case shall be bound to apply for cancellation of bail granted by virtue of the present order.
(Chakradhari Sharan Singh, J) Vats/- U T