Patna High Court - Orders
Imteyaj Ansari @ Md. Imteyaj Ansari vs The State Of Bihar on 11 December, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45356 of 2024
Arising Out of PS. Case No.-106 Year-2024 Thana- SURSAND District- Sitamarhi
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Md. Afzal Ansari @ Md. Afzal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 45972 of 2024
Arising Out of PS. Case No.-106 Year-2024 Thana- SURSAND District- Sitamarhi
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Imteyaj Ansari @ Md. Imteyaj Ansari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 45356 of 2024)
For the Petitioner/s : Mrs. Madhubala Verma, Adv.
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
(In CRIMINAL MISCELLANEOUS No. 45972 of 2024)
For the Petitioner/s : Mr. Uday Kumar, Adv.
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 11-12-2024Heard Mrs. Madhubala Verma representing the petitioner in Cr. Misc. No. 45356 of 2024 (Md. Afsal Ansari @ Afzal Vs. The State of Bihar) and Mr. Uday Kumar in Cr. Misc. No. 45972 of 2024 (Imteyaj Ansari Vs. The State of Bihar) and the State.
2. The petitioners are in custody in connection with Sursand P.S. Case No. 106 of 2024 for the offence punishable Patna High Court CR. MISC. No.45356 of 2024(7) dt.11-12-2024 2/3 under sections 420, 467, 471, 489-C, 489D, 489E, 414, 34 of the Indian Penal Code lodged on 28.02.2024 by the informant, Ramesh Chandra.
3. As per the prosecution story, the informant, an Assistant Inspector with the with the SSB Batalian Bhithamore submitted written information alleging that during checking of vehicles near pillar no. 303/30, a motorcycle moving towards Nepal was intercepted. Upon search, Indian counterfeit currencies recovered/seized. As those present failed to give a plausible answer, they were taken into custody and there is recovery/seizure of Rs. 74,400/- from them. This led to the FIR, arrest.
4. Learned counsel for the petitioners submit that the police on mere suspicion, arrested them. They are not in the business of the transaction of counterfeit currency as would reflect that they do not have criminal antecedent, got the amount, were moving to Nepal little realizing that the notes are fake for which they have already suffered by being in custody since 29.02.2024.
5. Learned APP, on the other hand, has taken this Court to the FSL report, according to which, the currency notes recovered/seized have been found to be bereft of the security Patna High Court CR. MISC. No.45356 of 2024(7) dt.11-12-2024 3/3 features that are present in the genuine note inasmuch as the water mark, the Fluorescence Characteristics under UV light as also shifting of colour, etc. This report has come from the Director, Regional Forensic Science Laboratory, Muzaffarpur dated 25.09.2024.
6. At this stage, learned counsel for the petitioner submits that they have remained in custody for more than ten months without any sight of the conclusion of the trial. In case, they are granted relief, they shall be diligently appearing in trial.
7. As the Trial Court is not on record, it would be appropriate to seek a report as to what is the present position of the trial in the present case.
8. List this case on 22.01.2025 enabling the Trial Court of the case, S.D.J.M., Pupri at Sitamarhi to submit Trial Court report.
(Rajiv Roy, J) Vijay Singh/-
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