Akhilesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76807 of 2023 Arising Out of PS. Case No.-183 Year-2016 Thana- NATHNAGAR District- Bhagalpur ====================================================== Akhilesh Mandal S/O Late Fakir Mandal R/O Vill- Gonarchak, Ps. Parbatta, Dist. Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 489A, 489B, 489C and 34 of the Indian Penal Code.
3. Allegation against the petitioner along with other co-accused persons is that they used to purchase mango from the counterfeit note of Rs. 1000 and thereafter, one day one coaccused was apprehended by the local persons from whom they used to purchase goods from fake currency.
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 due to highhandedness of the police. The petitioner was not apprehended on spot and his
Patna High Court CR. MISC. No.76807 of 2023(2) dt.04-12-2023 2/2 name has come on the basis of disclosure made by apprehended co-accused person before the police which has got no evidentiary value in the eye of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with the alleged occurrence. Moreover, he is languishing in judicial custody since 08.02.2022.
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 Nathnagar P.S. Case No. 183 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 17th, Bhagalpur. (Sunil Kumar Panwar, J) Shubham/- U T