Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76085 of 2023 Arising Out of PS. Case No.-796 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== DHANANJAY KUMAR SON OF KRISHNA KANT KUMAR @ KRISHANA KANT PRASAD RESIDENT OF VILLAGE- SATAHA, DUBEY TOLA, PS- PAHARPUR, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bettiah (M) P.S. Case No.796 of 2022 registered for the offence under Sections 489(B) and 489(C) of the Indian Penal Code and subsequently Sections 468, 467, 471, 472, 473, 474/34 of the Indian Penal Code.

3.

Allegation against the petitioner is to have recovered total Rs.16,000/- fake currency notes of Rs.200/- and two mobile phones from his possession.

Patna High Court CR. MISC. No.76085 of 2023(4) dt.26-02-2024 2/3 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner was not arrest on spot, where, his name surfaced during course of investigation on the basis of confessional statement of other coaccused person, namely, Kailash Kumar, who have already been granted bail by a learned co-ordinate Bench of this Court through Cr. Misc. No.2530 of 2023 on 05.04.2023. It is submitted that no recovery of alleged fake currency was recovered from the conscious physical possession of the petitioner, rather same was recovered from other co-accused person, namely, Kailash Kumar. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is in custody since 18.07.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Bettiah (M) P.S. Case No.796 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.76085 of 2023(4) dt.26-02-2024 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah.

(Ramesh Chand Malviya, J) S.Katyayan/- U T