Created by Fuzzy Cloud

Patna High Court

Binod Kumar @ Vinod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Binod Kumar, was apprehended as a passenger in a tempo from which Rs. 62,800 in counterfeit notes were recovered. He pleaded that he had no knowledge of the fake currency, was not the driver, and that the seizure was conducted without an independent witness. The State argued that the petitioner was driving the vehicle and that the notes were found in his conscious possession. The court noted the absence of substantive material linking the petitioner to the offence, the lack of independent witnesses, and the fact that charges had only recently been framed. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions of personal appearance in court.

Issues considered

  • Whether the petitioner is entitled to bail despite the recovery of counterfeit currency from the vehicle in which he was present.
  • Whether the absence of independent witnesses and substantive material against the petitioner warrants bail.

Legislation cited

Subjects

  • bail
  • counterfeit currency
  • possession
  • independent witness
  • criminal procedure
  • B.N.S 2023
  • Sections 179
  • Section 180
  • Section 318(4)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68395 of 2025
                    Arising Out of PS. Case No.-277 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Binod Kumar @ Vinod Kumar S/o Chandradip Yadav @ Chandip Yadav R/o
                 Village- Kauakhap, P.S.- Rafiganj, District- Aurangabad (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   24-02-2026                    Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 179, 180 and 318(4) of B.N.S

                   2023.

                                3. As per the prosecution case, petitioner was apprehended

                   with a tempo and upon search Rs. 62, 800/- fake currency notes were

                   recovered from the said tempo.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was only a passenger sitting in the said tempo with no

                   knowledge about any fake currency. Neither the tempo belongs to the

                   petitioner nor he was the driver of the said tempo. In case, petitioner

                   had any knowledge or complicity, he would have definitely made an

                   attempt to flee away upon seeing the police but he continued sitting

                   in the said tempo. Further, the search and seizure has not been
Patna High Court CR. MISC. No.68395 of 2025(6) dt.24-02-2026
                                            2/3




          conducted in the presence of any independent witness. No substantial

          material has also been collected during the course of investigation

          and the CCTV footage etc. also do not disclose anything against the

          petitioner and despite investigation being made, no material has also

          transpired with regard to the petitioner being part of any gang

          engaged in such activities. Petitioner is in custody since 14.06.2025

          with no criminal antecedent and charges have also been framed on

          28.01.2026 and the petitioner undertakes to fully co-operate in the

          trial.

                       5. Learned APP for the State opposed the bail petition on

          the ground of the counter affidavit filed in this case indicating

          therein that it was the petitioner who was driving the vehicle and the

          recovery was made from his conscious possession.

                       6. Taking into consideration the facts and circumstances of

          the case and and also considering the fact that the case diary

          apparently does not indicate specific material collected against the

          petitioner but for the fact that he was apprehended in the tempo from

          which the currency notes were recovered, coupled with the fact that

          the said recovery was in the absence of any independent witness and

          also considering that charges have been framed in the case with no

          likelihood of conclusion of trial in near future, the above named

          petitioner is directed to be enlarged on bail on furnishing bail bond of

          Rs10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below where the
             Patna High Court CR. MISC. No.68395 of 2025(6) dt.24-02-2026
                                                         3/3




                       case is pending/successor Court in connection with Rafiganj P.S.

                       Case No. 277 of 2025, subject to the conditions that :

                                    (i) The petitioner shall remain physically present in court

                       on each and every date during trial and in the event of failure on two

                       consecutive dates without sufficient reasons, his bail bonds shall be

                       liable to be cancelled by the learned court concerned.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.