Niraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58403 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- BANIAPUR District- Saran ====================================================== 1.
NIRAJ KUMAR SINGH Son of Khedan Singh @ Suryadeo Singh Resident of Village-Chaukhara, Police Station-Kopa, District-Saran. 2.
Matendra Kumar Singh Son of Khedan Singh @ Suryadeo Singh Resident of Village-Chaukhara, Police Station-Kopa, District-Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Roy For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioners and the State.
The petitioners, who are in custody since 05.04.2019, seek bail in connection with Baniyapur P. S. Case No. 110 of 2019 dated 04.04.2019 instituted for the offences under Sections 420, 489(A), 489(B), 489(C), 489(D) and 34 of the Indian Penal Code. It appears from the records of the case that one person by the name of Chandan Kumar was arrested on suspicion of carrying counterfeit currency notes. Aforesaid Chandan Kumar took the name of two
2/4 persons, namely, Dheeraj Kumar Singh and Santosh Singh, who too were arrested. From their possession also, counterfeit currency notes were recovered. The house of the petitioners was raided on the pointing of aforesaid Dheeraj Kumar Singh and Santosh Singh and a machine for printing of such counterfeit notes was found. There also appears to be a recovery of Rs. 2,02,500/- from the house of the petitioners. Learned counsel for the petitioners has submitted that in the first instance, the name of the petitioners have been taken by the two of the accused persons, from whose possession counterfeit notes were recovered and who have been granted bail.
Apart from this, it has been submitted that the machine which is said to have been recovered from the house of the petitioner is a photostat machine and it cannot be used for printing counterfeit notes. No other material like dye or cast is said to have been recovered which could be used for creating
3/4 counterfeit currency notes.
It has also not surfaced clearly during the course of investigation that the currency notes which were recovered from the house of the petitioners were fake.
Considering this aspect of the matter and taking into account the fact that other persons from whose possession there has been recovery of counterfeit notes have been granted bail and the period of custody of the petitioners, they are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 11th, Saran at Chapra in connection with Baniyapur P. S. Case No. 110 of 2019.
However, it is directed that the petitioners shall report their presence before the Office Incharge of the concerned police station in every fortnight and before leaving the territorial jurisdiction of the Court, he shall
4/4 obtain permission from the concerned Officer Incharge. The petitioner shall also not tamper with the evidence or make any attempt to do so. Any effort on the part of the petitioners would be viewed seriously and would give the liberty to the prosecution to move an application for cancellation of bail granted to them.
(Ashutosh Kumar, J) skm/- U