IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83945 of 2024 Arising Out of PS. Case No.-446 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Satyam Kumar, aged about 33 years (Male), Son of Mr. Birendra Prasad, resident of Village- Kamal Pipra, PS- Paharpur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 22-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in connection with Harsidhi PS Case No.446 of 2024 dated 18.08.2024, instituted for the offence punishable under Sections 316(2), 318(4), 126, 115(2), 111, 303(2), 61(2), 127(1) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the informant, who is the resident of Uttar Pradesh, is doing the business of exchanging mutilated currency. On 15.08.2024, the informant along with brothers, namely, Devendra Prakash Ojha and Virendra Aroa, on the instigation of one Sahbaj Khan, reached at the house of Amrendra Singh to meet one Thakur of Gopalganj District in connection with exchanging of mutilated currency of Patna High Court CR. MISC. No.83945 of 2024(3) dt.22-01-2025 2/4 rupees twenty four lakhs and in lieu of that mutilated currency the informant had to pay rupees twelve lakhs Indian currency. Thereafter, all the accused persons including the petitioner assaulted the informant and his brothers and looted a bag of the informant containing rupees twelve lakhs. They also snatched gold chain, wallet and watch from the brother of the informant. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that it is alleged that the petitioner and other accused persons snatched rupees twelve lakhs from the informant after assaulting him. It is further submitted that that the so called rupees fifty thousand said to have been recovered from the possession of the petitioner belongs to the petitioner which he was carrying for payment to the labourers as also for purchasing articles. The petitioner is a petty contractor. Further submission is that the FIR has been lodged after three days of occurrence. The alleged recovered money of rupees fifty thousand has not been put on test identification parade till date. Lastly, it is submitted that the petitioner is in custody since 19.08.2024 and charge-sheet has been submitted in the case. Two criminal cases were pending against the petitioner out of which in one case i.e., in Paharpur PS Case No.133 of 2023, the Patna High Court CR. MISC. No.83945 of 2024(3) dt.22-01-2025 3/4 police has submitted final form which has been accepted by the learned Court below. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Motihari, East Champaran, in Harsidhi PS Case No.446 of 2024, subject to the conditions (i) that the petitioner shall co- operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at Patna High Court CR. MISC. No.83945 of 2024(3) dt.22-01-2025 4/4 liberty to move for cancellation of bail. 7. The application stands allowed. J. Alam/- (Khatim Reza, J) U T