Patna High Court - Orders
Anmol Sah @ Anmol Saw @ Anmol Kumar vs The State Of Bihar on 25 September, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46290 of 2024
Arising Out of PS. Case No.-108 Year-2019 Thana- JAMALPUR District- Munger
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ANMOL SAH @ ANMOL SAW @ ANMOL KUMAR SON OF LATE
SUDHIR SAW @ SUDHIR SAH VILLAGE- BALHA, POST- BALHA, P.S.-
BIHPUR (BHAWANIPUR), DISTT.- BHAGALPUR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Hemant Karn, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 25-09-2024Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Jamalpur P.S. Case No. 108 of 2019 instituted for the offences under Sections 420, 467, 468, 471, 489A, 489B, 489C, 489D and 34 of the Indian Penal Code.
3. Prosecution case, in short, is that, police conducted raid on the basis of secret information that the accused persons including the petitioner, in order to avoid arrest, were living in a rented room. Seeing the police, the three accused persons tried to flee away but one namely Rajni Devi was apprehended on the spot. On search, counterfeit currency notes were recovered from the rented room of the accused persons.
Patna High Court CR. MISC. No.46290 of 2024(3) dt.25-09-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the present case. Learned counsel further submitted that petitioner was not apprehended on the spot and his name has transpired in this case on the basis of confessional statement of the co-accused namely Rajni Devi who is the mother of the petitioner. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that both the co-accused persons including Rajni Devi have already been granted bail by learned court below itself. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.10.2021 and has three criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.46290 of 2024(3) dt.25-09-2024 3/3 below/concerned Court in connection with Jamalpur P.S. Case No. 108 of 2019, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/-
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