Abdul Kaum @ Md. Kaum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4799 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Abdul Kaum @ Md. Kaum Son of Late Md. Fakruddin, Resident of Village -Mirjapur Bardah, P.S. - Muffasil, District - Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rounak Kumar Singh "Pankaj" For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with G.R. Case No. 1496 of 2015 arising out of Muffasil P.S. Case No. 153 of 2015 registered for the offences punishable under Sections 489(a), 489(b), 489(c), 420, 120-B, 124(a)/34 of the Indian Penal Code and Sections 16, 18, 20 and 22 of the Unlawful Activities Prevention Act.

Allegedly, on disclosure made by co-accused Birendra Bhardwaj who was arrested by the Crime Branch Delhi, the house of co-accused Md. Nashad Alam @ Nasiya @ Naso was raided and huge quantity of fake Indian currency notes were recovered and he disclosed the name of the petitioner that the petitioner and one another used to bring fake currency note from West Bengal. Submission is of false implication and that nothing has

Patna High Court Cr.Misc. No.4799 of 2016 (3) dt.29-03-2016 2/2 been recovered from possession of the petitioner, he has been implicated only on the basis of confessional statement of coaccused made before police which has got no evidentiary value in the eye of law and without any legal and tangible material, the petitioner is suffering in custody since 01.10.2015 The learned A.P.P. submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering that nothing has been recovered from possession of the petitioner and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger in connection with G.R. Case No. 1496 of 2015 arising out of Muffasil P.S. Case No. 153 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T