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2025 DAILYLAW 90770 (PAT)

Munnilal Kumar v. The State of Bihar

CR. MISC./1110/2025 · 2025-02-05

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1110 of 2025 Arising Out of PS. Case No.-364 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Munnilal Kumar S/o Vidya Sahni @ Vidhya Sahani Resident of village- Chharki vishambharpur, PS- Nautan, District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In this present case, the petitioner seeks bail in connection with Nautan P.S. Case No. 364 of 2024, registered for the offences under Sections 179, 180 and 318(4) of the B.N.S. 3. As per prosecution case, the petitioner was apprehended on suspicion on exchanging fake currency notes and from the possession of the petitioner, recovery of 11 currency notes denomination of Rs. 500/- was made. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. The real fact of the case is that the petitioner has been coming by his motorcycle and has kept Rs. 5500/- in his pocket which he got after selling his paddy. Meanwhile, the informant and police Patna High Court CR. MISC. No.1110 of 2025(2) dt.05-02-2025 2/3 personnel stopped his motorcycle and started searching the same on suspicion of transporting illicit liquor and the police party took away Rs. 5500/- from the pocker of the petitioner. When the petitioner raised his voice against their act, he was assaulted and thereafter this false case has been lodged. The recovered currency notes are not the fake currency notes. Learned counsel further submits that though the seizure list was prepared at 17:10 hours on 03.10.2024, after registration of FIR at 18:30 hours, the FIR number finds mentioned on the seizure list which shows the list has been concocted. Nothing incriminating has been recovered from the person or possession of this petitioner. Petitioner is a student and is in custody since 03.10.2024. Petitioner is having clean antecedent. 5. Learned A.P.P. opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner coupled with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna High Court CR. MISC. No.1110 of 2025(2) dt.05-02-2025 3/3 Bettiah, West Champaran/concerned court in connection with Nautan P.S. Case No. 364 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. However, the learned trial court is directed to verify the genuiness of the recovered currency notes before accepting the bail bonds of the petitioner and if it is found that the recovered currency notes are the fake currency notes, the bail bonds of the petitioner will not be accepted. balmukund/- (Arun Kumar Jha, J) U T