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Patna High CourtCR. MISC./58264/2023allowed

Dhananjay Kumar v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58264 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Dhananjay Kumar Son Of Krishnandan Singh @ Krishn Nandan Singh Resident Of Village - Simraha, P.S. - Rajepur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 489(A), 489(B), 489(c) of the Indian Penal Code.

3. Prosecution case relates to recovery of counterfeit notes of Rs. 9700 along with some mobiles and one motorcycle from the possession of this petitioner along with one another person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that petitioner has no concern either with the alleged motorcycle or with the counterfeit notes. It is also submitted from para-12 of

Patna High Court CR. MISC. No.58264 of 2023(2) dt.01-09-2023 2/2 this petition that the provisions of Sections 489(B) and 489(A) of IPC are not applicable as the petitioner did not know about the fact that the said notes were forged one. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No. 280 of 2023 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, Motihari, East Champaran.

(Sunil Kumar Panwar, J) shubham/- U T