Patna High CourtCR. MISC./40790/2024bail granted

Shabana Khatoon v. The State Of Bihar

2024-06-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40790 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== SHABANA KHATOON W/O MD. ISLAM R/O VILLAGE- PARTAPUR MUKTAPUR, WARD NO. 7, P.S- KALYANPUR, DISTT.- SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 49 of 2024 arising out of Phulwaria P.S. Case No. 132 of 2023 instituted for the offence under Sections 489(A), 489(B), 489(C), 420, 120(B) & 34 of the Indian Penal Code.

3. As per prosecution case, there is recovery of 1897 counterfeit notes amounting to total Rs. 4 lakhs from the black bag.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-09-2023. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.40790 of 2024(2) dt.21-06-2024 2/3

5. It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due to ill motive of the informant. It is pulpably false to say that any fake currency was recovered from the possession of the petitioner. His name transpired on the confessional statement of Co-accused Md. Manjar Alam. Charge sheet has already been submitted in this case. Co-accused has been granted bail vide order dated 12.03.2024 passed in Cr. Misc. No. 15517 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner 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 Court below/concerned Court in connection with Phulwaria P.S. Case No. 132 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.40790 of 2024(2) dt.21-06-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Prakash/- U