Pintu Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1226 of 2020 Arising Out of PS. Case No.-161 Year-2019 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

PINTU GIRI Son of Jamuna Giri Resident of Village - Kharauli, P.S.- Chand, District - Kaimur at Bhabua 2.

Tahasil Dhobi Son of Murtuja Dhobi Resident of Village - Kharauli, P.S.- Chand, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner no. 2 seeks permission of the Court to withdraw the application in respect of petitioner no. 2 as he has been taken into judicial custody and, as such, the application has become infructuous in respect of petitioner no. 2.

Permission is accorded.

The application in respect of petitioner no. 2 is dismissed as withdrawn.

Patna High Court CR. MISC. No.1226 of 2020(3) dt.18-06-2020 2/3 Heard learned counsel for the petitioner no. 1 and learned APP for the State.

The petitioner no. 1 is apprehending his arrest in a case registered under Sections 401, 420, 406, 327, 382, 504, 506, 489(A), 489(B), 489(C) and 489(D) of the Indian Penal Code.

The prosecution case, in short, is that on the information of informant, the police conducted search in which counterfeit currency was recovered from the accused persons. It has been submitted on behalf of the petitioner no. 1 that there is no allegation of tampering of witnesses alleged against the petitioner. As far as petitioner no. 1 is concerned, there is no recovery of any counterfeit currency from his possession. The main allegation is against co-accused namely Tahsil Dhobi from whose possession, counterfeit currencies are alleged to have been recovered.

On behalf of the State, it is submitted that the petitioner no. 1 is named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioner no. 1 above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.1226 of 2020(3) dt.18-06-2020 3/3 anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. -IV, Kaimur at Bhabua in connection with Chand P.S. Case No. 161 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioner no. 1 shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T