Vikash Kumar @ Vikash Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21573 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- BIRPUR District- Supaul ====================================================== VIKASH KUMAR @ VIKASH KUMAR SAH Son of Sri Nagendra Prasad Sah Resident of Village- Pipra Ward No. 8, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Yogendra Kumar, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Birpur P.S. Case No. 40 of 2020 for the offence punishable under Sections 420, 467, 468, 471, 489(A), 489(B), 489(C) 489(D)/34 of the Indian Penal Code.

The allegation is regarding recovery of counterfeit Indian currency from the petitioner herein.

The learned counsel for the petitioner Shri Ajay Kumar Thakur has submitted that there is no allegation of either printing or engaging in the process of counterfeiting currency

Patna High Court CR. MISC. No.21573 of 2020(3) dt.07-09-2020 2/2 notes, hence mere possession of the counterfeit currency notes would only attract section 489C of the Indian Penal Code, which is bailable. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 17.02.2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner to the effect that only Section 489C of the Indian Penal Code is attracted in the present case, as is apparent from a bare perusal of the allegation levelled against the petitioner in the FIR, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Birpur in connection with Birpur P.S. Case No. 40 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T