Bhagwat Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22723 of 2025 Arising Out of PS. Case No.-18 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Bhagwat Jha S/o Muktinath Jha @ Muktinath Baba R/o Village- Tharuwahi, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Jha Raman, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bhairvsthan P.S. Case No. 18 of 2022 dated 19.01.2022, instituted for the offence punishable under Sections 419, 420, 489(A), 489(B), 489(C),489(D), 34 of the Indian Penal Code.
3. The allegation is of recovery of Rs. 13,00,100/- fake currency note from the bag of Prem Kumar Kamti. The said Prem Kumar Kamti disclosed the names of petitioner and others, who have absconded from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that only on the basis of confessional statement of co-accused, Prem Kumar Kamti, the
Patna High Court CR. MISC. No.22723 of 2025(4) dt.23-07-2025 2/3 petitioner has been made accused in this case. It is next submitted that the alleged counterfeit note of Rs. 13,00,100/- has been recovered from the bag of co-accused Prem Kumar Kamti. Petitioner has no concern with the said counterfeit note. Lastly, it has been submitted that the petitioner is in custody since 21.07.2024, he has one criminal case against him and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV Jhanjharpur, District- Madhubani in Bhairvsthan P.S. Case No. 18 of 2022, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
Patna High Court CR. MISC. No.22723 of 2025(4) dt.23-07-2025 3/3
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) Sankalp/- U T