Sushil Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13457 of 2024 Arising Out of PS. Case No.-553 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Sushil Kumar Mishra, aged about 41 years, Male, Son of Late Lal Babu Mishra Resident of Jaleshwar, P.S.- Jaleshwar, District- Mahottari State- (Nepal) Pin Code- 45700.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pratibha Gupta, Advocate For the Opposite Party :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in Sessions Trial No. 253 of 2023 arising out of Shashtrinagar P.S. Case No. 553 of 2022 dated 01.09.2022 registered for the offences punishable under Sections 489A, 489B, 489C and 120B of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused Dinesh Yadav belong to Nepal and they were apprehended on the spot and from possession of the petitioner, Rs. 1,64,500/- fake currencies were recovered.

4. Earlier prayer for regular bail of the petitioner was rejected by a Co-ordinate Bench of this Court vide Cr. Misc. No. 14542 of 2023 under order dated 20.07.2023, annexed as

Patna High Court CR. MISC. No.13457 of 2024(4) dt.28-06-2024 2/3 Annexure-A to the bail petition. This is second attempt for grant of bail on behalf of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not a citizen of India and who often travel to Patna only for the business purpose and on that day also the petitioner came to meet a business man in Patna and has falsely been implicated in the present case. No fake currency notes have been recovered from possession of the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 01.09.2022.

6. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XXI, Patna in Sessions Trial No. 253 of 2023, arising out of Shashtrinagar P.S. Case No. 553 of

Patna High Court CR. MISC. No.13457 of 2024(4) dt.28-06-2024 3/3 2022 with further condition that both the bailors of the petitioner should be local residents.

8. The application stands allowed.

9. The trial court is directed to expedite the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) U.K./- U T