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Patna High CourtCR. MISC./57896/2022dismissed

Kanhai Singh @ Arvind Singh@Arvind Kumar Singh v. The State Of Bihar

2023-01-24Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57896 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Kanhai Singh @ Arvind Singh@Arvind Kumar Singh, Son of Kailash Singh Resident of Village- Kuwarimadan Pancho, P.S.- Majorganj, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Kanhauli P.S. Case No.107 of 2022 instituted under Sections 414,420,467,468,489D/34 of the Indian Penal Code. As per the prosecution story, the police official during patrolling duty on information that the smugglers are coming with fake Nepali Currency Notes, machine and chemicals proceeded towards the place of occurrence and apprehended Sushil Kumar Tiwari and Md. Aftab Alam. The apprehended persons named the person who escaped as this petitioner. Further, upon raid of the house of the Kanhai Singh, Nepali currency notes amongst other were recovered/seized. Accordingly, the FIR was lodged.

Patna High Court CR. MISC. No.57896 of 2022(2) dt.24-01-2023 2/2 Learned counsel for the petitioner submits that he do not have any role to play in the matter and his name has come in the confessional statement. He however concedes that he do have criminal antecedent.

Taking into account the fact that there has been recovery of huge fake Nepali currencies and the apprehended persons named this petitioner, he do have criminal antecedent, this Court does not deem it fit and proper to extend privilege of bail, accordingly rejected.

If however, the petitioner surrenders within four weeks from today, the court concerned shall take into account the factors/the documents that is/are presented along with the bail petition and decide the same on its own merit without being prejudiced by any observation made herein.

(Rajiv Roy, J) Prakash Narayan /- U T