Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.315 of 2023 Arising Out of PS. Case No.-864 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== MANISH SINGH Son of Uday Singh R/v- Bhalua, P.S.- Pakariverma, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Chandra, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 24.10.2022 in connection with Lakhisarai P.S. Case No. 864 of 2022, F.I.R. dated 24.10.2022 registered for the offence punishable under Sections 420, 467, 468, 471, 120B, 489A, 489B, 489C, 489D, 489E of IPC.

The prosecution case, in short, is that on the basis of the secret information the informant conducted raid in Akash Hotel and they have caught the petitioner and one Madhuri Kumari red handed while they were having counterfeited currency notes.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.315 of 2023(3) dt.05-07-2023 2/3 implicated in the present case. Further submits that from bare perusal of the FIR it appears that there was a recovery of printing material of counterfeited currency notes as well as sufficient number of counterfeited currency notes and one mobile phone from possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is not involved in the present occurrence and there is non-compliance of Section 100 of Cr. P.C. and the police has submitted the chargesheet against the petitioner and the petitioner is in custody since 24.10.2022.

Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the F.S.L. Report dated 03.07.2023 confirms that the recovered notes from possession of the petitioner is counterfeit notes of domination of Rs. 500/-. Learned counsel for the petitioner submits that without F.S.L. Report, the prosecution has filed chargesheet against the petitioner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in

Patna High Court CR. MISC. No.315 of 2023(3) dt.05-07-2023 3/3 connection with Lakhisarai P.S. Case No. 864 of 2022 ,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T