Patna High Court
Binod Kumar @ Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S., 2023 — s. 179, 180, 318(4)
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
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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
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