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Patna High CourtCR. MISC./47872/2022rejected

Arjun Basfore v. The State Of Bihar

2023-04-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47872 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== Arjun Basfore Son Of Ram Sunder Basfor @ Rama Sundar Basfor Resident Of Kumar Dubhi, H. No. 6, Project Colony, P.S- Chirkunda, Dist- Dhanbad Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv Md. Fahimuddin, Adv For the State :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 489(A), 489(B), 489(C), 120(B) of the Indian Penal Code.

There are recoveries of fake currency of the denomination of Rs. 100, 200, 500 total amounting to Rs. 2,63,600/- and mobile, A.T.M, Driving License from the possession of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.47872 of 2022(4) dt.11-04-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per F.I.R, the recovery was made in public place where large number of people were present, but the seizure list suggests that seizure list witnesses are police personnel which itself creates serious doubt about the authenticity of the prosecution version. Moreover, the alleged fake currency notes were not verified from the experts. The petitioner is languishing in custody since 19.03.2022. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that fake currency notes were recovered from the possession of the petitioner and the petitioner in his self confession has also confessed his guilt. During investigation, it was found that petitioner is engaged with other accused persons in the business of fake currency notes and this fact gets corroborated in para 58 to 61 of the case diary.

Patna High Court CR. MISC. No.47872 of 2022(4) dt.11-04-2023 3/3 In the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T