Raja Kumar @Raja Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51555 of 2023 Arising Out of PS. Case No.-257 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== Raja Kumar @ Raja Kumar Singh Son Of Braj Kishore Singh Resident Of Village- Ratan Sayar, P.S.- Patahi, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 340 of 2022, arising out of Motipur P.S. Case No. 257 of 2021 registered on 02.08.2021 for the alleged offence under Sections 420, 120(B), 468, 471, 489(B), 489(C)/34 of the Indian Penal Code.
3. As per prosecution case, police received information about a dealing of fake Indian currency notes by the smugglers at certain place. A raid was conducted and from a Scorpio vehicle, this petitioner and other co-accused persons were apprehended and from the possession of the petitioner counterfeit currency notes of Rs.50,000/- was recovered.
4. Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner is in custody since 03.08.2021 and while rejecting his prayer for bail vide order dated 01.11.2022 passed in Cr. Misc. No. 2794 of 2022, this Court directed the learned trial court to conclude the trial within the stipulated period of six months as directed vide order dated 30.08.2022 passed in Cr. Misc. No. 63406 of 2021 while disposing of the bail petition of co-accused.
Learned counsel further submits that the learned trial court was directed to take all steps for early conclusion of the trial and Senior Superintendent of Police, Muzaffarpur was also directed to extend all help and produce the witnesses on each and every date fixed in the case, but despite the specific directions, the trial has not been concluded till date. Learned counsel further submits that other similarly situated co-accused persons have been granted bail vide order dated 21.06.2023 passed in Cr. Misc. Nos. 22879 of 2023 and 37903 of 2023, respectively by this Court and prior to that other similarly situated co-accused persons have been granted bail vide orders dated 16.09.2022 and 19.10.2022 passed in Cr. Misc. Nos.
3/4 dated 09.01.2023 passed in Cr. Misc. Nos. 40029 of 2022 and 40575 of 2022 by a Co-ordinate Bench. Learned counsel further submits that despite passage of such long time the trial has not been concluded and there is no likelihood of early conclusion of the trial. The petitioner was also granted liberty to renew his prayer for bail when the trial was not concluded within the period stipulated by this Court in Cr. Misc. No. 63406 of 2021.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the petitioner and considering the delay in conclusion of the trial despite specific directions of this Court and further considering the grant of bail to other co-accused persons, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Muzaffarpur/concerned court in connection with Sessions Trial No. 340 of 2022, arising out of Motipur P.S. Case No. 257 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
4/4 (ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T