Deepak Kumar @ Dipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2086 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== DEEPAK KUMAR @ DIPU Son of Bachcha Giri R/v- Parsauni Taiyab, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414, 420, 120B, 468, 471, 489B, 489C and 34 of the Indian Penal Code. As per prosecution case, there has been recovery of Rs. 1,00,000/- (in denomination of Rs. 500/-) counterfeit notes, one country-made pistol and one cartridge from the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the provision of Section 489(B) of the IPC is not applicable to the facts and circumstances of the case, inasmuch as, it is not the case of prosecution that the petitioner was knowing that the notes were

Patna High Court CR. MISC. No.2086 of 2023(3) dt.19-06-2023 2/2 forged one but those notes were not being used as genuine ones. Petitioner has no concern with the alleged motorcycle, arms and counterfeit notes, which were seized by the police. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 23.05.2023 passed in Cr. Misc. No. 20216 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 375 of 2022.

(Sunil Kumar Panwar, J) arish/- U T