Shafiqul Alam @ Shafiqual Momin @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5983 of 2021 Arising Out of PS. Case No.-60 Year-2020 Thana- JOGBANI District- Araria ====================================================== SHAFIQUL ALAM @ SHAFIQUAL MOMIN @ RAJA, Son of Qoushar Ali @ Qoushar Alam @ Qoushar Momin, Resident of Village- Alipur Gyasmor, P.S.- Kaliyachak, District- Malda (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ashok Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 489-A, 489-B, 489-C of the Indian Penal Code.

Prosecution case, in brief, is that the informant during patrolling on 23.02.2020 he received information one person was apprehended by a shopkeeper on suspicion in transportation of counterfeit Indian notes. Upon information, the informant

Patna High Court CR. MISC. No.5983 of 2021(2) dt.15-04-2021 2/3 reached at the place of incident and upon search 09 pieces of 500 and 18 pieces of 100 rupees noted were recovered which was checked by means of note detector machine at SBI, Jogbani and it was found that the said notes recovered from the petitioner were counterfeit notes. Upon interrogation of the petitioner disclosed his name.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation against the petitioner is concocted and fabricated and far away from the real truth. There is no recovery from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 24.02.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner has been arrested on the spot with counterfeit notes and the offence alleged is heinous and amounts to anti-national activities being engaged in by the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five

Patna High Court CR. MISC. No.5983 of 2021(2) dt.15-04-2021 3/3 thousand) with two sureties of the like amount each in connection with Jogbani P.S. Case No. 60/2020 to the satisfaction of learned Court below where the case is pending. However, learned court below is directed to verify the criminal antecedent thereafter accepting the bail bond of the petitioner.

(Anjani Kumar Sharan, J) amitkumar/- U T