Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2018 of 2016 Arising Out of PS.Case No. -545 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Manish Kumar Son of Late Makeshwari Mandal Resident of village - Ratanpatti, Police Station - Murliganj, District - Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is accused in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 545 of 2015 registered under Sections 406, 419, 420, 467, 468, 471, 489(B)(C) and 120B/34 of the I.P.C.
The prosecution case is that informant, the Officerin-Charge of Madhepura (Bharrahi O.P.) received information about engagement of the group in the market for exchanging the Foreign Currency into Indian Currency. Thereafter, in course of checking, the petitioner and one Nand Kishore Yadav were apprehended on motorcycle. On search, the petitioner was found in possession of currency of one million dollar with a paper of authenticity of American Bank Note and two plates like gold
Patna High Court Cr.Misc. No.2018 of 2016 (3) dt.10-03-2016 2/3 whereas Nand Kishor Ydav was found with ATM, PAN Card and also photocopy of the aforesaid American Currency. Further, case is that petitioner and his associates also disclosed the name of other accused engaged in exchanging of Foreign Currency into Indian Currency for using in the Assembly Election. Learned counsel appearing on behalf of the petitioner submits that petitioner has no criminal antecedent and has falsely been implicated in this case mere on suspicion. Moreover, the Police has submitted the chargesheet without verification of the genuineness/fakeness of the currency, which is said to be recovered from the possession of the petitioner. Further, submission is that petitioner is in custody since 02.10.2015.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No.545 of 2015 corresponding to G.R.No.1451 of 2015. Out of two sureties, one surety must be the close relative/parents of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of trial in the Court below.
Patna High Court Cr.Misc. No.2018 of 2016 (3) dt.10-03-2016 3/3 petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause, the Court concerned would be at liberty to take steps for cancellation of his bail bonds.
(Rajendra Kumar Mishra, J.) Shail/- U T