Quamrul Hoda @ Kamrul Hoda @ Munna DonversusThe State Of Bihar

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL APPEAL (SJ) No.31 of 2016

       Arising Out of PS. Case No.-185 Year-2012 Thana- JOKIHAT District- Araria
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Quamrul Hoda @ Kamrul Hoda @ Munna Don son of Late Helaluddin,
Resident of village- Kashi Bari, P.S.- Jokihat, Dist- Araria

                                                                   ... ... Appellant/s
                                       Versus

The State Of Bihar

                                          ... ... Respondent/s
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Appearance :
For the Appellant        :        Mr. Ramesh Kumar Singh, Advocate
For the State            :        Mr. Binod Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                     ORAL JUDGMENT

 Date : 23-06-2026

              Heard learned counsel appearing for the appellant and

 learned Additional Public Prosecutors appearing for the State.

              2. This appeal has been filed challenging the

 judgment of conviction dated 14.12.2015 and order of sentence

 dated 15.12.2015 passed by the learned 1st Additional Sessions

 Judge, Araria in Sessions Trial Nos. 254/1065/1213 of

 2013/Trial No. 59 of 2015 whereby and whereunder this

 appellant has been convicted for committing offence under

 Sections 489B and 489C of the Indian Penal Code and Sections

 25(1-b)a and 26 of the Arms Act has been sentenced to undergo

 rigorous imprisonment for ten years and pay a fine of Rs.
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         20,000/- for committing offence under Section 489B of the

         Indian Penal Code; to undergo rigorous imprisonment for seven

         years and pay a fine of Rs. 10,000/- for committing offence

         under Section 489C of the Indian Penal Code; to undergo

         rigorous imprisonment for three years and pay a fine of Rs.

         2,000/- for committing offence under Section 25(1-b)a of the

         Arms Act and to undergo rigorous imprisonment for two years

         and pay a fine of Rs. 1,000/- for committing offence under

         Section 26(1) of the Arms Act. In case of default of fine, to

         further undergo simple imprisonment for a period of one year.

         All sentences have been directed to run concurrently.

                      3. The prosecution case, in brief, is that in a different

         case, bearing Palasi P.S. Case No. 57 of 2012, some accused

         were apprehended with fake currency notes and on their

         disclosure, a raid was conducted and from the drawer of the

         counter-table of shop of this appellant, five live cartridges and

         cash of Rs. 37,290/- were recovered out of which two currency

         notes of Rs. 1,000/- denomination, four currency notes of Rs.

         500/- denomination and seven currency notes of Rs. 100/-

         denomination were found to be fake.

                      4. In this case, in order to bring home guilt of the

         accused, the prosecution has examined altogether 16 witnesses
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         i.e., P.W. 1, namely Ram Bilash Singh; P.W. 2, namely Gopal

         Lal; P.W. 3, namely Firoz Alam; P.W. 4, namely Ram Tavakya

         Paswan; P.W. 5, namely Mithilesh Kumar; P.W. 6, namely Nitya

         Nand; P.W. 7, namely Tarkeshwar Prasad Singh (informant);

         P.W. 8, namely Barun Kumar Goswami (Investigating Officer);

         P.W. 9, namely Narayan Singh; P.W. 10, namely Rajendra

         Chaudhary; P.W. 11, namely Ashok Kumar Sah; P.W. 12,

         namely Tanbir Hussain; P.W. 13, namely Musfil; P.W. 14,

         namely Prashant Kumar; P.W. 15, namely Shiv Shankar Kumar

         and P.W. 16, namely Aditya Kumar.

                      5. It is admitted position that no live cartridge or

         currency notes were recovered from physical possession of this

         appellant. Appellant is owner of a hardware shop and the said

         fake currencies were recovered from the cash counter of the

         shop in which the money which was received from the

         customers was kept.

                      6. Taking into account all the relevant facts of the case

         and the rival submissions advanced on behalf of the parties, I do

         not find any merit in the case of the accused-appellant. There

         are sufficient material against he appellant to prove his guilt

         and, therefore, there is no need to interfere into the impugned

         judgment of conviction. The prosecution has proved its case
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         beyond reasonable doubt and accordingly, the impugned

         judgment of conviction dated 14.12.2015 is upheld.

                      7. However, under Sections 489B and 489C of the

         Indian Penal Code, while the maximum period of sentence is ten

         years and seven years, respectively, there is no minimum

         sentence. Keeping in view the age, the fact that the incident is of

         the year 2012 and the fact that there is no complaint against this

         appellant after institution of the present F.I.R., I feel that end of

         justice would be met if the sentence is reduced to the period

         already undergone.

                      8. Accordingly,           the    order   of   sentence   dated

         15.12.2015 passed by the learned 1st Additional Sessions Judge,

         Araria in Sessions Trial Nos. 254/1065/1213 of 2013/Trial No.

         59 of 2015 in connection with Jokihat P.S. Case No. 185 of

         2012 is modified and the sentence awarded to this appellant,

         above named, is reduced that to the period he has already

         undergone.

                      9. In that view of the matter, appellant, above named,

         is discharged from the liability of the bail bonds in connection

         with this case.

                      10.     Accordingly, this appeal stands disposed of.

                      11. Interlocutory application/s, if any, also stands
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                      disposed off.




                                              (Prabhat Kumar Singh, J)

shashank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          25.06.2026
Transmission Date       25.06.2026