Loha Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29774 of 2020 Arising Out of PS. Case No.-456 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== LOHA CHAUDHARY Son of Badya Chaudhary @ Vidya Chaudhary @ Jogendra Chaudhary Resident of Village- Bagahi, Ninia Tola (Nimiya Tola), P.S.- Bairia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 489(A), 489(B), 489(C) of the Indian Penal Code. Allegation is that Rs.50,000/- Indian counterfeit currency notes is recovered from the bag of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.29774 of 2020(3) dt.15-01-2021 2/2 against the petitioner. Rs.50,000/- counterfeit notes is said to have been recovered from a bag. The petitioner had no knowledge that the bag in question contained fake currency. The petitioner was given Rs.2000/- for carrying the said bag. He has been made accused due to mistake of fact. He has remained in custody for more than a year.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. case No.456 of 2019. (Sudhir Singh, J) Narendra/- U T