Surendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53786 of 2015 Arising Out of PS.Case No. -674 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Surendra Sharma son of Satya Narayan Sharma, resident of village- Malahi Tola, P.S.- Bairiya, District- West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Abhay Kumar Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 674 of 2015 registered for the offences punishable under Sections 489(A), 489(B), and 489(C) of the Indian Penal Code.

Allegedly, 50 counterfeit currency notes of Rs. 1,000/- denomination were recovered from possession of the petitioner.

Submission is of false implication and that he has been made victim of the circumstances, during the election period he has been implicated, no offence under Sections 489(A) and 489(B) IPC is made out rather the offence under Section 489(C) IPC is applicable which is bailable in nature, in identical case co-

Patna High Court Cr.Misc. No.53786 of 2015 (5) dt.01-02-2016 2/2 accused Ajumullah Ansari @ Azmullah Ansari @ Shabid Ansari @ Sahid Ansari was allowed bail by another co-ordinate Bench of this Court and as such the petitioner who is suffering in custody since 6.10.2015 deserves sympathetic consideration. Learned A.P.P. opposes the prayer for bail by submitting that the petitioner has got criminal antecedent of same nature of the case in which he was earlier involved i.e. Muffasil P.S. Case No. 561 of 2015.

In the facts and circumstances stated above, the petitioner shall be released on bail after completing 8 months in custody from the date of his remand on furnishing bail bond of of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 674 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T