Sudama Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55683 of 2015 (3) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55683 of 2015 Arising Out of PS.Case No. -442 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sudama Kumar son of Rajaram Prasad, resident of Village- Karamwa, Police Station- Majhaulia, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Majhaulia P.S. Case No. 442 of 2015 registered for the offences punishable under Sections 489A, 489B and 489C of the Indian Penal Code. Allegedly, Gullela was caught with ten lacs fake currency note and she stated that the fake currency notes were of Noor Alam @ Munna and Noor Alam and Sudama (the petitioner) have come to receive her and thereafter, the petitioner was caught when he was trying to flee away with motorcycle. Submission is of false implication and that the petitioner has been made victim of circumstances, he has got no concern

Patna High Court Cr.Misc. No.55683 of 2015 (3) dt.09-02-2016 with fake currency notes, no offence under Sections 489 A, 489B and 489C of Indian Penal Code is made out against the petitioner and he is suffering in custody since 11.09.2015. Learned APP submits that the petitioner and co-accused have come to receive the lady who was coming with fake currency.

In the facts and circumstances stated above, considering that from possession of the petitioner nothing has been recovered, 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 Chief Judicial Magistrate, Bettiah in connection with Majhaulia P.S. Case No. 442 of 2015, subject to the conditions that one of the bailors must be a 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) avin/- U T