Patna High Court
Manikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners despite the charges.
Summary
Manikant Kumar, Vikram Kumar and Ravi Raushan Kumar were arrested in Mahkar, Gaya on suspicion of possessing counterfeit Indian currency, with Rs 4100 recovered from them. They were charged under several sections of the Bharatiya Nyaya Sanhita relating to counterfeiting and related offences. The petitioners contended that they were innocent, that no incriminating material was found in their conscious possession, they had no criminal antecedent and that the statutory requirement of Section 103 of the B.N.S.S. had not been complied with. The State opposed bail, arguing that the on‑spot recovery of counterfeit money justified continued detention. After considering the length of custody, the lack of material evidence and the petitioners’ clean record, the High Court inclined to grant bail, directing each petitioner to furnish a bail bond of Rs 15,000 with two sureties and to comply with specified conditions.
Issues considered
- Whether bail should be granted to the accused under the listed sections of the Bharatiya Nyaya Sanhita for alleged possession of counterfeit currency.
- Whether non‑compliance of Section 103 of the B.N.S.S. bars the grant of bail.
- Whether the recovery of Rs 4100 from the accused justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 178, 179, 180, 182, 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- counterfeit currency
- Bharatiya Nyaya Sanhita
- Section 103
- criminal procedure
- Mahkar PS case
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2494 of 2026
Arising Out of PS. Case No.-206 Year-2025 Thana- MAHKAR District- Gaya
======================================================
1. Manikant Kumar Son of Ajay Das Resident of Village -Fatehpur PS -Mahkar
District -Gaya
2. Vikram Kumar son of Late Rajnandan Ravidas @ Rajnandan Das Resident
of Village -Fatehpur PS -Mahkar District -Gaya At Present Village-
Khedharpura, Ps- Mufassil, Dist- Gaya
3. Ravi Raushan Kumar @ Mritunjay Kumar @ Mritunjay Son of Siyakant
Das Resident of Village - Dharampur, Ps- Kako, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Adv.
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Mahkar P.S. Case No. 206 of 2025 instituted for the offences
punishable under Sections 318(4), 338, 336(3), 340(2), 178,
179, 180, 182, 3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, in short, is that, the police got
information that three persons are carrying counterfeit Indian
currency and are trying to use it in the shop and when they were
asked about the source of these counterfeit currency they were
unable to give any clear answer.
Patna High Court CR. MISC. No.2494 of 2026(2) dt.22-01-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material have been recovered
from the conscious possession of the petitioners. Learned
counsel further submitted that the petitioners were not involved
in counterfeiting the Indian Currency nor they were aware that
the currency they possess was fake one. The petitioners are in
custody since 19.08.2025 and have got no criminal antecedent.
There is no compliance of Section 103 of the B.N.S.S.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners. The petitioners
have been apprehended on the spot and Rs. 4100/- has been
recovered from the possession of the petitioners. Hence, they
may not be released on bail.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mahkar P.S. Case
Patna High Court CR. MISC. No.2494 of 2026(2) dt.22-01-2026
3/3
No. 206 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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