Patna High Court - Orders
Birendra Kumar @ B.K vs The State Of Bihar on 17 January, 2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43545 of 2011
Birendra Kumar @ B.K, son of Sadhu Yadav, R/O
Village- Kanaudi, P.S. Bazirganj, District- Gaya.
Versus
The State Of Bihar
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2. 17.1.2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Makhdumpur P.S.Case No.330 of 2011 for the offences punishable under sections 489, 489A, 489B, 489C, 489D and 420/34 of the Indian Penal Code.
As per the allegation as set out in the first information report, two of the accused, namely, Pappu Singh and Ram Singh were apprehended with fake currency notes who in turn, mentioned the name of co-accused Amar Kumar Agrawal as the person from whom they had received the alleged fake notes. The name of the petitioner along with the said Amar Kumar Agrawal has been mentioned by the apprehended accused Papu Singh and Ram Singh as being associates in the fake currency business.
Learned counsel for the petitioner submits that no incriminating article had been 2 recovered from the possession of the petitioner so as to connect him with the alleged offence. He further submits that the petitioner having no criminal antecedent has continued to remain in custody on the basis of the statement made by the co-accused.
Regard being had to the submissions of the learned counsel, let the petitioner Birendra Kumar alias B.K. 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 the Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S.Case No.330 of 2011, subject to the following conditions:
(i) The father of the petitioner Sadhu Yadav would stand as one of the bailors and who shall be under a duty to inform the court below in case this petitioner after his release in the present case is found involved in any further case of similar nature and whereupon the court concerned shall be at liberty to cancel the bail bonds of the petitioner and to take him in to custody, 3
(ii) The court below, before ordering the release of the petitioner, shall verify the statement made by the petitioner of having a clean antecedent and if the same is found to be incorrect, the petitioner shall not be released, and
(iii) The petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case, without reasonable explanation to the satisfaction of the court below, shall entitle the court concerned to cancel his bail bonds and to take him into custody ahk (Jyoti Saran, J.)