Patna High CourtCR. MISC./62433/2023allowed

Niraj Kumar v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62433 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== NIRAJ KUMAR S/O SHIV SHANKAR SINGH R/O VILLAGE- SIMRAHA, PS. RAJEPUR, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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. 5800 from possession of the petitioner and he was apprehended on spot. From co-accused Dhananjay Kumar, one motorcycle, one vivo mobile and counterfeit notes of Rs. 3900/- was recovered.

4. Learned counsel for the petitioner submits that 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

Patna High Court CR. MISC. No.62433 of 2023(2) dt.22-09-2023 2/2 with the counterfeit notes. Similarly situated, accused, namely Dhananjay Kumar has already been enlarged on bail by this Bench of this Court vide order dated 1.09.2023 passed in Cr. Misc. No. 58264 of 2023. 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) sushma/- U