Parwaiz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31556 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- SIKTI District- Araria ====================================================== Parwaiz Alam, Son of Md. Hatim, Resident of Village - Leti, Ward No. 13, P.S.- Sikty, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anamul Haque, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 24-01-2022 The applicant/accused in Crime No. 38 of 2021 registered with Sikty Police Station for the offences punishable under Sections 489(B) and 489(C) r/w Section 34 of the Indian Penal Code, by this application is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused. He argued that genuine currency notes came to be seized from the applicant by the police. The investigation of the crime in question is over. As against this, the learned Additional Public Prosecutor drew my attention to the report of the Director, Forensic Science Laboratory Bihar, Patna pointed out that currency note marked as A1 to A295 and B1 to B95 were found to be Genuine Indian Bank notes of of denomination of Rs.500/-

Patna High Court CR. MISC. No.31556 of 2021(3) dt.24-01-2022 2/3 and Rs.200/- respectively.

I have considered the submissions so advanced and also perused the material placed before me.

It is alleged that the applicant was intercepted with counterfeit currency notes. In the Forensic Report, the currency notes are stated to be Genuine Indian Currency Notes.

The investigation of the crime is already over and the further pre-trial detention of the applicant is not warranted. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 38 of 2021 registered with Sikty Police Station for the offences punishable under Sections 489(B) and 489(C) r/w Section 34 of the Indian Penal Code be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

Patna High Court CR. MISC. No.31556 of 2021(3) dt.24-01-2022 3/3 (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Bhardwaj/- U T