IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13853 of 2009 Rizwan Sah Son of Late Khalil Sah, resident of Village-Naya Bhojpur, P.S. Dumraon, District-Buxar ------------- Petitioner Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Rajeev Lochan, Advocate For the State : Mr.Jharkhandi Upadhaya, A.P.P. 2 22-05-2009 The petitioner, the sole F.I.R. named accused of Buxar (Town) P.S. Case No.78 of 2008 registered under Sections 489 (A), 489(B) and 489(C) I.P.C. and Sections 25(1-b)A and 26 of the Arms Act, giving rise to Sessions Trial No.232 of 2008, is in custody in connection therewith. The petitioner was arrested while found standing on the road at Yamuna Chowk and from his possession a loaded country made pistol and 6 pieces of currency notes of face value of Rs.50/- and 21 pieces of currency notes of the face value of Rs.100/- were recovered and seized. It was detected that amongst the Rs.100/- currency notes four pieces bore the same no.3 BT 867977 , eight pieces bore the same no. 8SL98J682 another eight pieces bore the same no.8 AA 896348. The other counterfeit Rs.100/- note bore no.7 MG0JJJ65. Amongst the Rs.50/- notes, two notes carried identical no. 6 AV 540423, two bore the no. 9GF046295 and two bore the no.JBK760697. The submission of the learned counsel for the petitioner of false implication and of improbability of the prosecution case is his defence which is to be considered at the trial. The petitioner appears to be involved in Buxar (Town) P.S. Case no.22 of 2008 also which was - 2 - registered under Sections 489(A), 489(B), 489(C) I.P.C. and Sections 21B, 27A and 32 B N.D.P.S. Act in which he has been bailed out as his name had figured on the basis of the confessional statement of his co- accused and had not been arrested at the spot. That is not the situation here. He has been arrested at the spot and counterfeit currency notes in large number have been recovered from his possession along with fire arms. In the circumstances I do not find this to be an appropriate case for bail. The prayer for bail is accordingly rejected. NKS/- ( Abhijit Sinha, J )