Case Facts:
Patna High Court Cr.Misc. No.26144 of 2012 (3) dt.28-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26144 of 2012 ====================================================== Ex-Mukhia Ashfaque Alam @ Md. Ashfaque Alam @ Md. Asfaque, S/O- Late Hazi Mohammad Hussain .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 28-08-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 04.05.2012 in a case registered under [STATUTE] and 25(1-b) a, 26 of the Arms Act. Allegedly, two country made katta, sixteen cartridges, some empty cartridges and some counterfeit notes were recovered from the house of the petitioner. Learned counsel for the petitioner points out that in course of investigation, it came to light that son of the petitioner was residing in the aforesaid house and moreover, the alleged recovery has been made beneath the bench. It is further contended by him that as a matter of fact, some portion of the aforesaid house had already been let out by the petitioner in favour of one Sohrab Alam. It is further contended by him that petitioner does not have Patna High Court Cr.Misc. No.26144 of 2012 (3) dt.28-08-2012 any criminal antecedent which is evident from the report of police. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 166 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 243

Statute Text:
Section 243 of the Indian Penal Code. Possession of Indian coin by a person who knew it to be counterfeit when he became possessed thereof. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of Indian coin, having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.