Md. Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28746 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Md. Nasir, Son of Md. Abdul Rahman, Resident of Village- Mahrail, Police Station- Rudrapur, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 24.02.2016 in connection with Murliganj P.S. Case No. 79/16 for offences punishable under Sections 420, 489(A), (B) and (C) of the Indian Penal Code.

The prosecution case is that the police on tip off found the petitioner near a tea shop with some black fake currency notes (10 bundles of Rs. 500/- denomination and 10 bundles of Rs. 100/- denomination), who on being apprehended stated that after pouring some chemical it becomes clean and can be used as a genuine currency notes. Accordingly, a seizure-list was prepared. This Court on 22.09.2016, had called for a FSL

Patna High Court Cr.Misc. No.28746 of 2016 (7) dt.22-03-2017 2/2 report from the Director, Forensic Science Laboratory, Bihar, Patna. The said report has been received by this Court under Memo No. 383 dated 16.02.2017. From perusal of the report and the result of the examination, it appears that the black fake currency notes cannot be converted into genuine Indian currency and they are neither fake nor genuine Indian currency notes. It has been submitted by the learned counsel for the petitioner that he has no criminal antecedent and charge-sheet has already been submitted against him.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the FSL report, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No. 79/16.

Let the FSL report be sent to the learned court below under sealed cover.

(Nilu Agrawal, J) Rajesh/- U T