Nand Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56715 of 2015 Arising Out of PS.Case No. -545 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Nand Kishore Yadav, Son of Tej Narayan Yadav, Resident of VillageChandpur Bhangha, P.S.- Janki Nagar, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Manish Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 406, 419, 420, 467, 468, 471, 489 (B) & (C) and 120 B/34 of the I.P.C Allegedly, during checking from possession of coaccused Nand Kishore Yadav currency notes of one million dollar with a paper of certificate of authenticity of American Bank and the plates like gold were recovered, whereas, from possession of the petitioner ATM Card, PAN Card and the Photostat copy of the aforesaid American currency were recovered and they disclosed the name of other accused persons engaged in the exchange of foreign currency into the Indian currency for using the same in the assembly election.

Patna High Court Cr.Misc. No.56715 of 2015 (4) dt.11-04-2016 2/2 Submission is of false implication and that the petitioner has got no criminal antecedent, he has been arrested only on suspicion, charge sheet has already been submitted without verifying the genuineness of the currency, the petitioner is in custody since 02.10.2015, whereas, co-accused Manish Kumar who has also been arrested with the petitioner has already been allowed bail vide Cr. Misc. No. 2018 of 2016 by another coordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Madhepura in Madhepura (Bharahi) P.S. Case No. 545 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) Abhay/- U T