Prithvee Kumar @ Prithvee Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58338 of 2025 Arising Out of PS. Case No.-99 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== Prithvee Kumar @ Prithvee Kumar Bharti, (M), aged about 33 years, S/o Umesh Kumar Sah, R/o Mohalla- Shubhankar Pur Ratnopatti, P.S - Town, District - Darbhanga ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Md. Shah Nawaz Ali, Advocate For the Opposite Party :
Mr. Surendra Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Gadhpura P.S. Case No. 99 of 2020 dated 28.10.2020 registered for the offences punishable under Sections 420, 489A, 489C and 120B of the I.P.C.
3. As per the prosecution case, on 23.10.2020 at about 10.30 A.M., the informant during the course of patrolling reached at the State Bank, Gadhpura and got an information on phone at 11.45 A.M., that the counterfeit notes were found in India One ATM. Thereafter, he alongwith other police officials reached there and found two persons, namely, Ghanshyam Kumar and Dheeraj Kumar Jha who had withdrawn Rs. 1,000/-
Patna High Court CR. MISC. No.58338 of 2025(2) dt.11-09-2025 2/3 each from the said ATM in which Rs. 1500/- was counterfeit notes and prepared seizure list in presence of two witnesses. It is further alleged that the said ATM was sealed and later on 28.10.2020, police has opened it and found Rs. 3,74,500/- including the fake notes worth Rs. 48,500/- (97 notes of Rs. 500/-). The remaining amount of Rs. 3,25,500/- were genuine. The total amount was seized after preparing seizure list. It is further alleged that the informant believed that the Admin., Custodian of India One ATM Co. Secure Value India Ltd., Prithivi Kumar (petitioner), Shiv Pujan Kumar, Sameer Singh and the employees and the officers of Axis Bank, Main Brnach, Begusarai, in conspiracy with each other cheated the country and other people and fake notes were being operated by them.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no counterfeit notes was recovered from the possession of the petitioner. It is further submitted that the Branch Manager and other employees of Axis Bank, Main Branch, Begusarai, has not come forward to lodge the F.I.R. against the petitioner and other co-accused persons. It is further submitted that the other co-accused person, namely, Shiv Pujan Kumar has been granted bail by another Co-ordinate Bench of
Patna High Court CR. MISC. No.58338 of 2025(2) dt.11-09-2025 3/3 this Court in Cr. Misc. No. 63717 of 2022 vide order dated 29.04.2023 and the other co-accused person, namely, Sameer Singh has also already been granted bail by a Bench of this Court in Cr. Misc. No. 46576 of 2023 vide order dated 02.08.2023, annexed as Annexurs-P/2 and P/3 to the present bail petition. The petitioner has no concern with the operation of the said ATM. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 21.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai n connection with Gadhpura P.S. Case No. 99 of 2020.
7. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T