Patna High Court Cr.Misc. No.9074 of 2011 (4) dt.26-08-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9074 of 2011
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Sk. Haidar Ali
…. …. Petitioner.
Versus
The State of Bihar
…. …. Opposite Party.
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4 26-08-2011 Heard learned counsel for the petitioner as
well as learned Additional Public Prosecutor for the state.
Petitioner is in jail custody since 18.10.2010
in a case registered under Sections 414, 489(A), 489(B) and
489(C) of the Indian Penal Code and Section 6 of the F.E.M.A.
Act.
The F.S.L. of this case was received in sealed
cover and the seal was broken in the open Court by the order of
this Court. From perusal of the F.I.R. it appears that allegedly
2,86,630/- counter fit Indian notes and 2,40,000/- counter fit
Nepali notes were recovered from the possession of the
petitioner. Furthermore, it is alleged that some genuine notes
were also found in the above stated recovery.
The F.S.L. report dated 02.07.2011 revealed
that several notes were found genuine whereas information in
respect of the some notes were not given.
The contention of the learned counsel for the
petitioner is that, even if, prosecution story is assumed to be
Patna High Court Cr.Misc. No.9074 of 2011 (4) dt.26-08-2011
true then also, the bailable offence is made out against the
petitioner.
Taking into consideration the above stated
submission as well as findings given in F.S.L. report, let the
petitioner, namely, Sk. Haidar Ali be released on bail on
furnishing bail bond of Rs 10,000/- (ten thousand) with two
sureties of the like amount each in connection with
Chhauradano P.S. Case No. 76 of 2010 to the satisfaction of
the learned Sub-Divisional Judicial Magistrate, Raxaul at
Motihari, subject to condition that one of the sureties must be
family member of the petitioner.
Let the F.S.L. report be returned in sealed
cover.
(Hemant Kumar Srivastava, J)
Bhardwaj/-