Sarban Kumar @ Sharvan Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20749 of 2022 Arising Out of PS. Case No.-758 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== SARBAN KUMAR @ SHARVAN KUMAR VERMA SON OF DHANRAJ MAHTO R/O VILLAGE- KUMBHIYATARI, P.S.- FATEHPUR AND DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-01-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Barachatti P.S. Case No. 758 of 2021 registered for the offence under Sections 420, 467 and 468 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 26.11.2021.
The allegation against the petitioner is to cheat by using fabricated currency note of Rs. 2,000/- total 40 pieces. Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of FIR, it cannot be said that
Patna High Court CR. MISC. No.20749 of 2022(3) dt.04-01-2023 2/3 the petitioner was indulged in any act of cheating, as ingredient of inducement is not available on the face of allegation. It is also pointed out that nothing incriminating surfaced, during course of investigation, which may suggest that alleged currency note was manufactured by this petitioner by adopting forged means. While travelling over the argument, it is submitted that case on its face suggesting allegation as per provisions laid down under Section 489(c) of the IPC, which is bailable in nature. It is also submitted that seizure list is appearing doubtful, as same is not supported by independent witness, rather supported by police personnels. It is also submitted that petitioner found involved in one more criminal case of different nature, where, he is on bail. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as the face of FIR negate inducement coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in
Patna High Court CR. MISC. No.20749 of 2022(3) dt.04-01-2023 3/3 connection with Barachatti P.S. Case No. 758 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T