Sushil Kumar @ Sushil Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44381 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Sushil Kumar @ Sushil Mahato Son of Late Rajendra Mahto Resident of Village- Awapur Shahpoor, Ward No. 11, P.S.- Pupari District -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-07-2024 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Pupari P.S. Case No. 76 of 2024 registered for the offences punishable under Sections 420, 467, 468, 471, 489-C, 489-D, 489E and 414/34 of the Indian Penal Code.
3. The police on a secret information that some persons are engaged in transaction of fake currency, raided a tea stall and apprehended two persons and from their possession some counterfeit Nepali currencies were recovered. The apprehended accused persons disclosed the name of their associates including the petitioner. On their disclosure, the police raided the house of the petitioner and apprehended him and, on search, a mobile phone was recovered.
Patna High Court CR. MISC. No.44381 of 2024(2) dt.03-07-2024 2/3
4. It is contended on behalf of the petitioner that save and except the disclosure made by the apprehended persons, there is no material suggesting that the petitioner was anyhow engaged in the crime. Even during the search of the house of the petitioner, nothing incriminating has been recovered. Moreover, the petitioner bears fair antecedent and he has never been found involve in such type of occurrence prior to the institution of the crime. That apart, the petitioner is in custody since 06.02.2024 and after completion of the investigation, the charge-sheet has been submitted.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that nothing incriminating article has been recovered from the person or possession of the petitioner, coupled with the period of custody and his fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupari, Sitamarhi in connection with Pupari P.S. Case No. 76 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner
Patna High Court CR. MISC. No.44381 of 2024(2) dt.03-07-2024 3/3 with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) rohit/- U T