Akhilesh Prasad Gupta vs The State Of Bihar on 11 April, 2014

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Patna High Court - Orders

Akhilesh Prasad Gupta vs The State Of Bihar on 11 April, 2014

Bench: Rajendra Kumar Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.41542 of 2013
                 ======================================================
                 Akhilesh Prasad Gupta, S/o Sri Baldeo Sao, R/o Vill. Malighat, P.S.
                 Mithanpur, District - Muzaffarpur at present Pachhim Darbaja, P.S.
                 Alamganj, District - Patna.
                                                                     .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER
4   11-04-2014

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is accused in connection with Economic Offence P.S. Case No. 17 of 2013 registered under Sections 255, 258, 259, 260, 420 and 120(B) of the I.P.C.

The accusation is that petitioner was found in possession of a bag in which counterfeit stamp valued Rs. 5,95,000/- was found.

Learned counsel appearing on behalf of the petitioner submits that if the allegation made in the F.I.R. is taken to be true, the case will come within the purview of Section 259 of the I.P.C., which is bailable, and sections 258 and 460 of the I.P.C. will not be applicable, as there is no allegation of offering to sell or using the stamp by the petitioner. It is also submitted that petitioner has no criminal antecedent and is in custody since 01.06.2013.

Patna High Court Cr.Misc. No.41542 of 2013 (4) dt.11-04-2014 2

Under the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Patna in connection with Economic Offence P.S. Case No. 17 of 2013 (G.R. No. 3084 of 2013). Out of two sureties, one surety must be parent or close relative of the petitioner and also with further condition that petitioner will appear before the trial Court on each and every date. In case of absence of petitioner on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Rajendra Kumar Mishra, J.) Shail/-

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Patna High Court - Orders