Satabur Rahman @ Satabul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51710 of 2022 Arising Out of PS. Case No.-91 Year-2019 Thana- THAKURGANJ District- Kishanganj ====================================================== SATABUR RAHMAN @ SATABUL RAHMAN SON OF LATE ABDUL HAQUE R/O VILLAGE- BANWARI CHANDI SINGHIA, P.S.- KISHANGANJ, DISTRICT- KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarveshwar Tiwary, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2022 Heard Mr. Sarveshwar Tiwary, learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with S.T. Case No. 187 of 2019 arising out of Thakurganj P.S. Case No. 91 of 2019 dated 29.07.2019 instituted for the offence under Sections 489(A), 489(B), 489(C) and 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 26.06.2020 passed in Cr. Misc. No. 3708 of 2020. From the possession of one of the associates of the petitioner, Rs. 94,200 fake notes were recovered.

The petitioner is in custody since 30.07.2019. It has been urged on behalf of the petitioner that the recovery of counterfeit notes was from one Abu

Patna High Court CR. MISC. No.51710 of 2022(2) dt.22-12-2022 2/3 Talib and only because the petitioner was found near aforesaid Abu Talib, he was also taken to be an associate of Abu Talib. It has further been submitted that the trial has begun and two witnesses up till now have been examined.

However, learned counsel for the petitioner canvasses for bail on the ground that there is no likelihood of the trial being concluded in near future as also for the period of the custody of the petitioner which is approximately more than 31⁄2 years.

The petitioner does not have criminal antecedents and before his arrest, he was earning his livelihood by working as a casual labourer.

Considering the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge - 3rd Kishanganj in connection with S.T. Case No. 187 of 2019 arising out of Thakurganj P.S. Case No. 91 of 2019.

One of the bailors shall be a local person of Kishanganj district while the other would be any near relative of the petitioner. The petitioner shall participate in the trial and his absence on single date before the trial

Patna High Court CR. MISC. No.51710 of 2022(2) dt.22-12-2022 3/3 court, without prior approval would render his bail liable to be cancelled. While furnishing bonds, the petitioner shall provide mobile telephone number which shall be given to the officer-in-charge of the concerned police station also and the petitioner shall keep such mobile telephone in operative condition till the conclusion of the trial. The petitioner shall not leave the territorial confines of the district of Kishanganj without intimating the trial court.

The petition stands allowed accordingly.

(Ashutosh Kumar, J) krishna/- U T