Patna High CourtCR. MISC./22496/2024bail granted

Nand Kishor Paswan v. The State Of Bihar

2024-05-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22496 of 2024 Arising Out of PS. Case No.-676 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Nand Kishor Paswan S/O- Late Binda Paswan @ Bindra Paswan R/OVillage- Dayalpur Padmaul, P.S.- Kudhani, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Kudhani P.S. Case No. 676 of 2023 instituted for the offences under Sections 420, 489(b), 489(c), 468, 471, 34 of the Indian Penal Code.

3. As per prosecution case, there has been recovery of total 9 counterfeit notes from the possession of the accused petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.22496 of 2024(3) dt.10-05-2024 2/3 present case merely on suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged seized counterfeit notes. There is a noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 06.12.2023 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Manoj Kumar has been granted bail by this Court vide order dated 25.04.2024 passed in Cr. Misc. No. 31913 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent as also the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail, on

Patna High Court CR. MISC. No.22496 of 2024(3) dt.10-05-2024 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kudhani P.S. Case No. 676 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T