Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43685 of 2011 ====================================================== Pramod Kumar, S/o Kailash Sah @ Kaushal Sah, resident of Village- Laxmi Chowk Pawariya Tola, P.S.- Brahampura, District- Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s: Mr. Raj Ballav Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 08-02-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No.600 of 2011 arising from Brahampura P.S. Case No.104 of 2011 for the offences punishable under [STATUTE] . The allegation against this petitioner is that on information being received by the informant who is the Officer in-Charge of the local police station that the petitioner is engaged in the business of printing counterfeit notes, his premises were raided and a sum of Rs.28,770/- was recovered from his possession. It is thereafter alleged that on the information given by this petitioner three persons were apprehended from the bus-stand, namely, Naresh Choudhary, Ramprit Mahto and Birendra Choudhary who were on their way to Nepal. Allegation is that fake currency worth Rs.1,02,600/- was recovered from the possession of said Naresh Choudhary along with Rs.4770/-, a mobile phone was recovered from Birendra Choudhary together with Rs.14,540/- Nepali currency and two mobile phones were recovered from the possession of co-accused Patna High Court Cr.Misc. No.43685 of 2011 (3) dt.08-02-2012 2 Ramprit Mahto. The police also seized a computer system together with monitor and laser printer from the residence of the petitioner. Learned counsel for the petitioner submits that whether or not the currency so seized is fake, is yet to be verified by a competent agency and that involvement of this petitioner is merely on suspicion. It is also contended that the petitioner has a clean antecedent. Regard being had to the submission of learned counsel, let the petitioner, namely, Pramod Kumar be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No.600 of 2011 arising out of Brahampura P.S. Case No.104 of 2011 subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial, without reasonable explanation to the satisfaction of the trial court, would entitle the trial court to cancel his bail bonds and to take him into custody. The trial court would also be well advised to get the genuineness of the currency so seized, tested and verified by the Reserve Bank of India/Forensic Science Laboratory. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 489E

Statute Text:
Section 489E of the Indian Penal Code. Making or using documents resembling currency-notes or bank-notes. Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees. If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees. Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made.