Chandrahas Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31323 of 2017 Arising Out of PS.Case No. -707 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Chandrahas Kumar son of Devendra Singh @ Devendra Sharma, R/o. village- Kariya, P.S. Phulwarisarif (Janipur) Patna .... .... Petitioner/s

Versus

1. The State of Bihar & Anr.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Phulwarisharif (Janipur) P.S. Case No.707 of 2016, a case under Sections 489(A)(B)(C)/120B of the Indian Penal Code. According to F.I.R.

the petitioner was apprehended when he had gone to deposit Rs.1,00,000/- in the bank, for the reason that the notes to be deposited were found fake and fictitious one.

Submission of the learned counsel for the petitioner is that though earlier prayer for bail was refused by this Court in Cr. Misc. No.3660 of 2017. However, fresh material for reconsideration is that the forensic examination report of the currency notes is available which would reveal that all the notes

Patna High Court Cr.Misc. No.31323 of 2017 (6) dt.03-01-2018 P2/ were genuine Indian currency notes. He further submits that petitioner is in custody since 23.11.2016 and only on surmises and conjectures, the bank authorities lodged the case. Perused the report received from the Forensic Science Laboratory, Patna, in a sealed cover. After perusal of the same it is ordered to be returned back in sealed cover. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T