Afroz @ Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24334 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- JOGBANI District- Araria ====================================================== AFROZ @ MD. AFROZ Son of Atabul @ Md. Atabul Resident of VillageHaripur Sheikh Tola ward no.06, Police Station-Forbesganj, District-Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner apprehends his arrest in connection with Jogbani (Bathnaha) Police Station Case No. 04 of 2020, registered for the offences punishable under Sections 489A/489B/489C of the Indian Penal Code.

The allegation against the petitioner is that the informant, on receiving information that Indian fake currency was being delivered at Bathnaha from Forbesganj, proceeded for verification and in course of checking, the police, on suspicion, stopped two persons who were coming on a motorcycle from Forbesganj, but they started fleeing away after throwing a black-coloured polythene and upon chase, the Police

Patna High Court CR. MISC. No.24334 of 2020(2) dt.29-09-2020 2/3 arrested one person, while other succeeded in fleeing away. Upon search, the Police recovered Indian fake currency of Rs. 200 denomination, Rs. 100 denomination and Rs. 50 denomination, total value of Rs. 98,800/-. The name of the petitioner has been disclosed by the arrested co-accused person. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedent. He further submits that the name of the petitioner has transpired on the basis of the confessional statement of the co-accused and no fake currency has been recovered from the possession of the petitioner.

On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that the fake Indian Currency has been recovered from the possession of the arrested co-accused, who has disclosed the name of the petitioner as one of his accomplices. He further submits that investigation is still going on and the custodial interrogation of the petitioner may be required to find out the nexus of the petitioner in the business of fake Indian currency and, as such, the petitioner does not deserve privilege of anticipatory bail.

Having heard learned Counsel for the parties and

Patna High Court CR. MISC. No.24334 of 2020(2) dt.29-09-2020 3/3 taking into consideration the materials on record, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √