IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2633 of 2009 KAMLESH KUMAR SHARMA Versus THE STATE OF BIHAR ----------- 03/ 15.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 489A, 489B, 489C and 489E of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against him is that he had deposited counterfeit notes in the bank. He further submits that the petitioner has saving bank account in Uttar Bihar Gramin Bank Daudpur, Saran and he deposited Rs.32,000.00 on 24.10.2008 and Rs.65,000.00 on 25.10.2008. He also states that thereafter the informant bank had made payment to several persons and only on 27.10.2008 it was alleged that one Sanjay Singh came to the bank and complained that the notes supplied by the bank to him were counterfeit notes. Learned counsel for the petitioner further avers that there is nothing to ascertain as to whether counterfeit notes were in fact given by the bank to Sanjay Singh or to ascertain that it was the petitioner, who had deposited such notes. He also contends that the entire allegation against the petitioner is absolutely false and frivolous and the petitioner is being made a scapegoat only to veil the laches on the part of the bank. Considering the facts and circumstances of this case as 2 well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioner, namely Kamlesh Kumar Sharma shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra at Saran in connection with Daudpur P.S. Case No.79 of 2008 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)