High Court Patna High Court - Orders

Girinendra Kumar @ Girinendra … vs State Of Bihar on 23 June, 2010

Patna High Court – Orders
Girinendra Kumar @ Girinendra … vs State Of Bihar on 23 June, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.19784 of 2010
        GIRINENDRA KUMAR @ GIRINENDRA KUMAR JHA @ LUTTU
                              Versus
                          STATE OF BIHAR
                           -----------

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.)