Jakir Hussain @ Md. Jakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48299 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -KADWA District- KATIHAR ====================================================== Jakir Hussain @ Md. Jakir Hussain Son of Late Amjad Ali Resident of Village - Gairiya, P.S. Dagarwa, District - Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kadwa P.S. Case No. 77 of 2015 registered for the offences punishable under Sections 489(a)(b)(c)(d)/420 of the Indian Penal Code.

Allegedly, acting on a tip off, the petitioner was caught and after search, 36 pieces of fake currency note each of Rs. 5,00/- was recovered from the possession of the petitioner.

Submission is of false implication and that the petitioner is an illiterate person having no criminal

antecedent, out of those notes, 30 notes were found fake and 6 notes were genuine which is evident from the written report itself. The petitioner was given the amount by one Arajul, who is a contractor of labour. The petitioner is aged about 60 years and suffering in custody since 23.06.2015 and now he has been sufficiently penalized to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering the period of detention of the petitioner and further the charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence, 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 to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kadwa P.S. Case No. 77 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) khushbu/- U T