High Court Patna High Court - Orders

Sk. Haidar Ali vs The State Of Bihar on 26 August, 2011

Patna High Court – Orders
Sk. Haidar Ali vs The State Of Bihar on 26 August, 2011
      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
                   ======================================================

Sk. Haidar Ali
…. …. Petitioner.

Versus
The State of Bihar
…. …. Opposite Party.

======================================================

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/-