Patna High Court - Orders
Abhay Kumar vs The State Of Bihar on 26 April, 2022
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.510 of 2017
Arising Out of PS. Case No.-37 Year-2014 Thana- KAHALGAON District- Bhagalpur
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Abhay Kumar Son of Arbind Kumar Das, Resident of Village- Ratanpur, P.S.-
Bariyarpur, District- Munger.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sanjeev Kumar, Advocate
Mr. Ajay Kumar Jain, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)
7 26-04-2022I.A. No.03 of 2019 Heard Mr. Sanjeev Kumar, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.
In the instant interlocutory application, the appellant, who has been convicted for the offences punishable under Sections 489A, 489B and 489E of the Indian Penal Code and whose application for bail was rejected twice earlier by this Court, has renewed his prayer for suspension of sentence and Patna High Court CR. APP (DB) No.510 of 2017(7) dt.26-04-2022 2/4 grant of bail during the pendency of appeal.
According to the prosecution case, the appellant was found travelling in a car from the dicky of which counterfeit currency notes to the extent of Rs.1.5 lakh were recovered.
Learned counsel for the appellant submitted that by now the appellant has remained in custody for 8 years and 3 months and the appeal is not likely to be taken up for hearing in near future. He contended that the ingredients of the offences punishable under Sections 489A, 489B and 489E of the Indian Penal Code would not be attracted in the present case in view of the fact that there is no evidence that the appellant was found counterfeiting currency notes or using as genuine forged or counterfeit notes or making or using the documents resembling currency notes. He contended that at best, it would be a case of possession of forged or counterfeit currency notes which would be an offence under Section 489C of the Indian Penal Code for which even charge was not framed during trial. He submitted that the maximum sentence which could have been awarded for the offence punishable under Section 489C of the Indian Penal Code is 7 years or with fine or with both. However, by now the appellant has remained in custody for over 8 years. He further contended that co-convict Amit Kumar, who was the owner of Patna High Court CR. APP (DB) No.510 of 2017(7) dt.26-04-2022 3/4 the car was found travelling in the car along with the appellant when the alleged recovery of fake currency notes was made from the dicky of the car has already been granted bail vide order dated 27.02.2019 passed in Cr.Appeal (DB) No.214 of 2017 by this Court.
Mr. Ajay Mishra, learned Additional Public Prosecutor for the State opposed the prayer for bail. However, he does not dispute the submission of the appellant that co- convict Amit Kumar, who is the registered owner of the car from which alleged fake currency notes were recovered has already been granted bail by this Court.
Considering the submissions advanced at the Bar and the fact that a co-convict has already been granted bail as also the period of over 8 years undergone by the appellant in custody, we are inclined to grant bail. The appellant is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned 3rd Additional District & Sessions Judge, Bhagalpur in connection with Sessions Trial No.850 of 2014 arising out of Kahalgaon (Ghogha) P.S. Case No.37 of 2014.
Realization of fine during the pendency of appeal Patna High Court CR. APP (DB) No.510 of 2017(7) dt.26-04-2022 4/4 shall remain stayed.
Interlocutory application stands allowed.
(Ashwani Kumar Singh, J) ( Harish Kumar, J) kanchan/-
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