IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19784 of 2010
GIRINENDRA KUMAR @ GIRINENDRA KUMAR JHA @ LUTTU
Versus
STATE OF BIHAR
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2 23.06.2010 Heard learned counsel appearing on behalf
of the petitioner and learned counsel appearing
on behalf of the State.
The petitioner is in custody in connection
with Mithanpura P.S. Case No.78 of 2009 for
offences punishable under Sections 489-A, 489-B,
489-C, 420 and 120-B of the Indian Penal Code.
Learned counsel with reference to the
statement of allegation as set out in the F.I.R.
submits that the alleged recovery is said to be
of three notes of Rs.1000/- denomination, five
notes of Rs.500/- denominations and five notes of
Rs. 50/- denominations and which according to the
informant, appeared to be counterfeit. Learned
counsel submits that the statements are incorrect
and the petitioner has been taken into custody
merely on the basis of suspicion. He submits
that apart from the present case he is also
involved in other case bearing Mushari P.S. Case
No. 16 of 2008 for the offence punishable under
Section 307 of the Indian Penal Code and in which
he is on bail. Learned counsel submits that
despite the fact that the petitioner was taken
2
into custody on 23.5.2009 no report has been
submitted in respect of alleged seizure.
Having regard to the submissions
aforesaid, let the petitioner, namely, Girinendra
Kumar @ Girinendra Kumar Jha @ Lattu be released
on bail on furnishing bail bond of Rs. 10,000/-
with two sureties of the like amount to the
satisfaction of the learned Chief Judicial
Magistrate, Muzaffarpur in connection with
Mithanpura P.S. Case No. 78 of 2009 subject to
the following conditions:-
(1) One of the close relatives of the
petitioner would stand as one of the bailors and
would ensure his attendance before the Court
below
(2) The petitioner shall be attending
the trial of the case on each and every date
fixed without any break and the failure on the
part of the petitioner to attend the Court below
on two consecutive dates fixed in the case
without any reasonable explanation to the
satisfaction of the trial Court, would entitle
the Court concerned to initiate proceedings for
cancellation of his bail bond and for taking him
into custody.
Bibhash ( Jyoti Saran, J.)