Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36406 of 2019 Arising Out of PS. Case No.-757 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== GULSHAN KUMAR son of Awadhesh Singh Resident of Village- Kotwa, Police Station- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Angad Kumar, Advocate For the State :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 26.10.2018 in connection with Motihari Town P.S. Case No. 757/2018 registered for the offence punishable under Sections 420/489(B) and 489(C)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected on the premise that the petitioner was in possession of fake currency note and had been attempting to use the same. Learned counsel for the petitioner, however, submits that now the petitioner has already been in custody for nearly six months, he may be extended the privilege of bail and he will co-operate in the trial

Patna High Court CR. MISC. No.36406 of 2019(2) dt.21-06-2019 2/3 as and when required. It is further submitted that the petitioner has nothing to do with either the production or circulation of such notes and by chance he had been in possession of the same when it was handed over to him during the course of normal business transaction.

In view of the aforementioned facts and circumstances, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Motihari Town P.S. Case No. 757/2018, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the

Patna High Court CR. MISC. No.36406 of 2019(2) dt.21-06-2019 3/3 investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T