Bhushan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12907 of 2017 Arising Out of PS.Case No. -708 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Bhushan Kumar son of late Rajendra Singh, .... .... Petitioner/s

Versus

1. The State of Bihar

2. A.K. Niraj, Branch Manager, Punjab National Bank, Branch Janipur, P.S. Janipur, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Kumar, Advocate Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP For the PNB : Mr. Kumar Priyaranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-05-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 489(A)(B)(C)/120B of the Indian Penal Code.

Co-accused Tarun Kumar had gone to deposit fake notes in the bank and he was apprehended along with the fake notes.

Submission of the petitioner is that Tarun Kumar has already been released on bail and he had stated before the police that the notes were supplied by the petitioner. There is no other material against the petitioner save and except confessional statement of co-accused Tarun Kumar. Further submission is that

Patna High Court Cr.Misc. No.12907 of 2017 (3) dt.11-05-2017 2/2 the petitioner has been made accused on the same day in Phulwari Sharif P.S. Case No.707 of 2016, on the confessional statement of co-accused Chandrahas Kumar of that case. Besides this petitioner has got no criminal antecedent.

Considering the facts and circumstances aforesaid especially the fact that there is no substantial material against the petitioner, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna/Successor Court in connection with Phulwari Sharif Police Station Case No.708 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case.

(Birendra Kumar, J) Mkr./- U T