Md. Galib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19813 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- PALASI District- Araria ====================================================== MD. GALIB SON OF MD. ALIMUDDIN @ ALIM RESIDENT OF VILLAGE- MOHANIA WARD NO. 04, POLICE STATION- PALASI, DISTRICT- ARARIA ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Palasi P.S. Case No. 326 of 2020 registered for the offences punishable under Sections 489(B), 489(C)/34 of the Indian Penal Code. According to prosecution case, fake currency of rupees six thousand was recovered from possession of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Learned counsel further

Patna High Court CR. MISC. No.19813 of 2021(2) dt.15-11-2021 2/3 submits that there is no allegation against the petitioner of using fake currency notes nor there is any forensic report, hence no case is made out against the petitioner. He further submits that having more or less similar allegation, co-accused Shaukat @ Shoukat and Nasar have been granted regular bail by the coordinate Benches of this Court vide order dated 15.07.2021 passed in Cr. Misc. No. 21959 of 2021 and order dated 31.08.2021 passed in Cr. Misc. No. 22386 of 2021 respectively. Petitioner is in custody since 15.11.2020 having no criminal antecedent.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 326 of 2020, with following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present

Patna High Court CR. MISC. No.19813 of 2021(2) dt.15-11-2021 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T