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2007 DIGILAW 1109 (PAT)

Triloki Nath v. State Of Bihar

2007-07-10

V.N.SINHA

body2007
Judgment 1. Heard learned counsel for the petitioners and the State. 2. Petitioners are accused in a case under Ss. 489(A), (B), (C), (D), (E), 420, 467, 468, 471, 472, 473 and 120(B) of the Indian Penal Code registered in regard to doubling of notes. Petitioner Dharamraj Sharma was apprehended with counterfeit currency of Rs. 8800.00 and on the basis of his statement First Information Report was drawn against Md. Hafij Khan Tyagi, Triloki Nath, Dharamvir Kumar, Amrendra Kumar @ Amresh Kumar. Earlier attempt of petitioner Triloki Nath was refused under orders dated 12.4.2006, Annexure-1 observing that as and when two others named in the First Information Report, Dharamvir Kumar and Amrendra Kumar @ Amresh Kumar are admitted to the privilege of bail, he shall be at liberty to apply for bail and it is submitted on his behalf that aforesaid Dharamvir Kumar and Amrendra Kumar @ Amresh Kumar have been released on bail by another Bench of this Court under Orders dated 15.12.2006 and 10.1.2007, as contained in Annexure-3 and with reference to those two orders it is submitted that the petitioner Triloki Nath, whose case is also similar to that of Dharamvir Kumar and Amrendra Kumar @ Amresh Kumar as Triloki Nath and aforesaid Dharamvir Kumar and Amrendra Kumar @ Amresh Kumar were apprehended together wherefrom several incriminating articles used for the purposes of doubling the notes were recovered, should be released on bail. 3. Petitioner Dharamraj Sharma was apprehended at Saguna Mor and he stated before the Investigating Officer that the industry of doubling notes is being run by Md. Hafij Khan Tyagi in a house in the P.N.T. Colony on the basis of which statement, raids were organized and made when Triloki Nath, Dharamvir Kumar and Amrendra Kumar @ Amresh Kumar were arrested along with incriminating articles. 4. Counsel for the petitioner Dharamraj Shrama states that Md. Hafij Khan Tyagi has already been released on bail by another Bench of this Court under orders dated 26.2.2007, passed in Cri. Misc. No. 8418 of 2007 and as both Md. Hafij Khan Tyagi and Dharamraj Sharma were arrested on the same day, petitioner Dharamraj Sharma should be allowed the similar treatment as he is in jail custody since 29.8.2005. 5. Let the petitioners, Triloki Nath and Dharamraj Sharma be released on bail on furnishing bail bound of Rs. Misc. No. 8418 of 2007 and as both Md. Hafij Khan Tyagi and Dharamraj Sharma were arrested on the same day, petitioner Dharamraj Sharma should be allowed the similar treatment as he is in jail custody since 29.8.2005. 5. Let the petitioners, Triloki Nath and Dharamraj Sharma be released on bail on furnishing bail bound of Rs. 5,000.00 (Rupees Five thousand only) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. Danapur, Patna/5th Addl. Sessions Judge, Patna in connection with Danapur P.S. Case No. 495 of 2005, as the aforesaid co-accused whose case is similar to that of petitioners have already been released on bail by different Benches of this Court, but in the case of Dharamraj Sharma, his father should be one of the bailors whose photograph should be affixed on the bail bonds and in the case of petitioner. Triloki Nath, Government Servant should be one of the bailors whose photograph should also be affixed on the bail bonds.