Arun Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65273 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== ARUN KUMAR SINGH S/O BASHISTH NARAYAN SINGH R/V BISHUNPUR KISHUNDEO P.S. SHEOHAR, DIST- SHEOHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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. 4100/- from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of confessional statement of co-accused namely, Niraj Kumar and Dhananjay Kumar. It is further submitted that he has no concern either with the counterfeit notes. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the
Patna High Court CR. MISC. No.65273 of 2023(2) dt.13-10-2023 2/2 seizure list. Similarly situated other co-accused namely, Dhananjay Kumar has already been enlarged on bail by this Bench of this Court vide order dated 01.09.2023 passed in Cr. Misc. No.58264 of 2023 which is annexed as Annexure-2 of this petition. 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) lata/- U T