Chandrahas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3660 of 2017 Arising Out of PS.Case No. -707 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Chandrahas Kumar, aged about 33 years, son of Devendra Sharma @ Devendra Singh, resident of Village- Koriyawan, P.S.- Janipur (Phulwari Sharif), District- Patna .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anuj Kumar, Adv. For the Opposite Party : Mr. Narendra Kumar Singh, APP 150 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 489(A)(B)(C) and 120B of the Indian Penal Code.

The petitioner had gone to deposit rupees one lakh in the bank. The currency notes of rupees one lakh were found by the bank authorities to be fictitious one. Hence, the petitioner was booked in the case on the suspicion that he was in the possession of forged currency notes and was deliberately going to use the same. Submission of the petitioner is that that investigation is already complete. However, the recovered amount has not been sent for forensic examination. Hence, it can not be said that the same was fake notes.

The bank authorities have expertise to examine the fake and genuine notes. Hence, their conclusion can not be doubted at this stage. The petitioner may file petition before the learned Court below, who shall take appropriate steps for it's

Patna High Court Cr.Misc. No.3660 of 2017 (3) dt.06-03-2017 2/2 examination, if required.

Second submission of the petitioner is that in paragraph 21 of the case diary it has come that the money was supplied by some other person and for that a separate case was lodged against him. He has already been granted bail in that case. The petitioner is in custody since 23.11.2016.

Next submission is that there is no presumption of 'knowledge' or 'reason to believe' against the petitioner, specially in view of the fact that the petitioner has got no criminal antecedent.

The possession of fake currency notes is to be explained by the petitioner himself as per the law that how he is in possession of those notes.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail is refused.

The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) SA/- U √ T √