Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52203 of 2014 Arising Out of PS.Case No. -160 Year- 2013 Thana -HASPURA District- AURANGABAD ====================================================== Suresh Yadav, Son of Kanhai Yadav, Resident of Village- Pratapur, P.S. - Goh, District - Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kr Singh No. 6, Advocate. For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-01-2015 Heard both sides.

The petitioner Suresh Yadav apprehends his arrest in Haspura P.S. Case No. 160 of 2013, registered for the offences punishable under Sections 489(B)(C), 420, 120B of the Indian Penal Code.

On the basis of a complaint of the pensioners the BDO, Haspura lodged a case against unknown for distributing fake currency notes to the pensioners.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The petitioner was a Panchayat Secretary and he was entrusted Rs. 3 Lakhs to distribute among the pensioners and accordingly he distributed the entire amounts but some of the pensioners complained that they received fake currency notes of Rs. 1000/- denominations. Such fake currency notes are 16 in numbers. It is submitted that no pensioners raised any objection at the time of

Patna High Court Cr.Misc. No.52203 of 2014 (2) dt.06-01-2015 receiving of pension amount. There is nothing on record to show that the petitioner gave fake currency notes to the pensioners. Learned APP did not dispute the facts.

It appears that the petitioner was entrusted Rs. 3 Lakhs for distributing among the pensioners and accordingly in presence of Mukhiya and others, the petitioner distributed the amount to different pensioners but none of the pensioners raised any objection about the genuineness to the currency notes at the time of receiving. Later on, some of the pensioners complained that 16 notes each of thousand denominations are fake currency notes.

Having considered the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned SubDivisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 160 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T