Md Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30889 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== MD ASLAM Son of Late Babujan Miya Resident of Village- Bakhra, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34512 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== AALOK BHAGAT @ ALOK KUMAR BHAGAT S/o- Shatrudhan Bhagat R/o- Vill- Firozpur, P.O.- Aphar, P.S.- Amnour, Distt.- Saran. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 30889 of 2022) For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Advocate Mr. Shanti Bhushan Singh For the Opposite Party/ Mr.Rana Randhir Singh (In CRIMINAL MISCELLANEOUS No. 34512 of 2022) For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Advocate Mr.Chandra Shekhar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-03-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioners and the learned APP for the State.

Patna High Court CR. MISC. No.30889 of 2022(9) dt.18-03-2023 2/3 These are applications for regular bail on behalf of the petitioners for the offences alleged under Sections 420, 120(B), 468, 471, 489(B), 489(C) and 34 of the Indian Penal Code, registered in connection with Motipur P.S.Case No. 21 of 2022.

Four accused persons were apprehended by the police with counterfeit currency notes. It is alleged that from the possession of the petitioner Alok Bhagat, 300 pieces of fake currency notes of Rs. 500 denomination were recovered, whereas 300 currency notes of Rs. 500 denomination were also recovered from the possession of the petitioner Md. Aslam. The learned senior counsel counsel for the petitioners has submitted that they are innocent and have falsely been implicated in this case. They are the persons of clean antecedents and the offence for possession of counterfeit currency notes has been made punishable under Section 489(C) of the IPC, which is bailable.

Considering the above facts and circumstances, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned ACJM 2nd, Muzaffarpur in connection with Motipur P.S.Case No. 21 of

Patna High Court CR. MISC. No.30889 of 2022(9) dt.18-03-2023 3/3 2022, subject to the following conditions:-

1. The petitioners shall appear physically on each and every date after commencement of the trial, failing which their bail bonds shall stand cancelled.

2. If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

3. Before accepting the bail bonds of the petitioners, the learned court below shall verify the criminal antecedents of the petitioners.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T