Nitesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13084 of 2022 Arising Out of PS. Case No.-712 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Nitesh Kumar Chaudhary Son Of Krishna Chaudhary Resident Of Village - Bankat, P.S.- Muffasil, Distt.- East Champaran At Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 489(A), 489(B), 489(C) 120(B), 420/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant being S.I. of Motihari Town P.S. has received a secret information that two persons are standing near a Gumti at Kachahari Chowk, who have possessed counterfeit currency notes and they are indulged in the

Patna High Court CR. MISC. No.13084 of 2022(2) dt.06-09-2022 2/3 work of notes doubling and they used to cheat the people. Accordingly, on chase, one person was apprehended and others managed to flee away. The apprehended accused persons disclosed his name as Raj Kumar Rai and he disclosed the name of the petitioner as his associate who fled away from the place of seizure. In presence of witnesses, 26 pieces of counterfeit currency notes of Rs. 500/- was recovered from the possession of the apprehended accused.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired in this case only on the basis of confessional statement of apprehended accused, which has no evidentiary value in the eyes of law. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.13084 of 2022(2) dt.06-09-2022 3/3 the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari P.S. Case No. 712 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T