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Patna High Court - Orders

Md. Arjad Hussain @ Md. Arshad Hussain vs The State Of Bihar on 21 April, 2011

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.11546 of 2011
                        MD. ARJAD HUSSAIN @ MD. ARSHAD HUSSAIN
                                                 Versus
                                       THE STATE OF BIHAR
                                               -----------
02       21.04.2011

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner is in jail custody since 17.07.2011 in connection with Kursakanta (Kuwari) P.S. Case No. 71 of 2010 registered under Sections 420, 468, 467, 471 and 489 of the Indian Penal code.

The contention of learned counsel for the petitioner is that mere possession of counterfeit note does not attract Section 489(A) and Section 489(B) of the Indian Penal Code and, at best, it is a case of Section 489(C) of the Indian Penal Code, which is bailable in nature and so far as the rest Sections are concerned, the same are not applicable against the petitioner. It is also pointed out by him that the police has already submitted charge sheet under Sections 420, 467, 468, 471 and 489 (C) of the Indian Penal Code.

Taking into consideration the above stated facts and circumstances as well as submissions of the parties, 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 Chief Judicial Magistrate, Araria in connection with Kursakanta (Kuwari) P.S. Case No. 71 of 2010.

     Shahzad                             (Hemant Kumar Srivastava, J )