Lalit Mohan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14779 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== Lalit Mohan Pandey S/o Late Suryadev Pandey R/o Village Katgharwa, P.S. - Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 489A, 489B, 489C, 414, 34 of the Indian Penal Code.

As per prosecution case, in brief, is that on 28.11.2021 at about 15:30 hours, informant namely Rajesh Kumar, an S.I. cum SHO Balthar, Police Station got information by Satish Kumar Gupta, Assistant Commandant, SSB that one person is about to come to India from Nepal with fake currency on a Motorcycle bearing Registration No. BR22AC9291. For

Patna High Court CR. MISC. No.14779 of 2022(3) dt.22-08-2022 2/3 verification of the information and to take action, informant proceeded for the place of occurrence with other police personnel and started waiting for the Motorcycle. After some time, he saw a Black Colour Honda Motorcycle are coming then the police team directed to stop but the person on Motorcycle tried to flee away after seeing police party by leaving his Motorcycle, to whom police team managed to catch. Apprehended person disclosed his name as Lalit Mohan Pandey. After search being made,s the police team recovered 117 notes of Rs. 500/- denomination total Rs. 58500/- from the pocket of his Cream Colour Jacket about which, the apprehended person disclosed the fact that these notes are fake Indian currency and he was bring from Parsa, Nepal. Police team also recovered a Redmi Mobile from the pocket of the person and one Punjab National Bank ATM Card.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that the recovered currency is genuine and the petitioner has no concern at all with the recovered notes in question. He further submits that police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 29.12.2021.

Patna High Court CR. MISC. No.14779 of 2022(3) dt.22-08-2022 3/3 Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner on the basis of material available on record as well as case case diary and submits that FSL report confirms that the denomination Rs. 500/- (Five Hundred) are not genuine Indian Bank notes of denomination Rs. 500/- (Five Hundred), but High Quality Counterfeit notes as it is imitation of security features of Genuine Indian Bank note of denomination Rs. 500/- (Five Hundred).

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Balthar P.S. Case No. 167 of 2021 pending in the Court of learned Additional Chief Judicial Magistrate, 4th, Bettiah, West Champaran.

Prayer is refused.

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