Kailash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2530 of 2023 Arising Out of PS. Case No.-796 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Kailash Kumar S/O Nandlal Prasad Resident Of Village- Banuchhapar, Dusaiya Tola, P.S.- Manuapal, O.P.- Bettiah, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Verma For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 489(B)(C) of the Indian Penal Code.

As per prosecution case, informant along with police personnel on suspicion searched the body of the petitioner and recovered total Rs. 16,000/- fake currency notes of Rs. 200/- and two mobile phones were also seized from his possession. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner neither used as genuine, nor possessed forged or counterfeit currency notes or bank notes. There is no iota of any evidence. Neither there is

Patna High Court CR. MISC. No. 2530 of 2023(2) dt.05-04-2023 2/2 any eye witness, nor any independent witness supported the prosecution version. It is further submitted that the seizure list has been prepared in the absence of independent eye witness, which does not follow Section 100 of the Cr.P.C. He is languishing in judicial custody since 16.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Muffassil P.S. Case No. 796 of 2022 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., Bettiah.

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