Patna High Court
Suman Kumar SudhakarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Suman Kumar Sudhakar, sought bail in a case (Gidhaur PS Case No. 215 of 2025) alleging possession of counterfeit currency under several sections of the Bihar Negotiable Instruments Act. The prosecution argued that the petitioner was caught with four counterfeit Rs. 500 notes after a dispute with a shopkeeper, relying solely on police and informant satisfaction. The petitioner contended innocence, lack of forensic verification, no prior criminal record, and pointed to a similar bail grant to co‑accused Ravindra Prasad Singh. The State opposed bail. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner released on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite alleged offences under Sections 318(4), 338, 336(3), 340(2), 179 and 3(5) of the Bihar Negotiable Instruments Act.
- Whether the absence of a forensic test on the alleged counterfeit notes precludes bail.
- Whether the bail granted to a co‑accused in a similar case is determinative for the petitioner.
Legislation cited
- Bihar Negotiable Instruments Act — s. 179, 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- counterfeit currency
- Bihar Negotiable Instruments Act
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90271 of 2025
Arising Out of PS. Case No.-215 Year-2025 Thana- Gidhaur District- Jamui
======================================================
Suman Kumar Sudhakar, S/O Late Sachidanand Prasad Singh, R/O Village-
Badi Manghagai, P.S- Gangta, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate
Mr. Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gidhaur P.S. Case No. 215 of 2025 registered for the
offence punishable under Sections 318(4), 338, 336(3), 340(2),
179 and 3(5) of the B.N.S.
3. The case of the prosecution is that the petitioner
was apprehended with four counterfeit currencies of Rs. 500/-
The petitioner has gone to a grocery shop. Some disputes arise
between the shopkeeper and the petitioner. Meanwhile,
shopkeeper called the police and police has apprehended him.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.90271 of 2025(2) dt.16-01-2026
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committed no offence. He has been falsely implicated in this
case. No test has been conducted regarding the genuinity of the
alleged currencies and it is only the satisfaction of the police
and the informant that the currency is counterfeit. It has also
been submitted that similarly situated co-accused, namely,
Ravindra Prasad Singh has been granted bail by this Court vide
Cr. Misc.No. 84094 of 2025. The case of this petitioner stands
on similar footing. He is having no criminal antecedent and he is
languishing in judicial custody since 18.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M., Jamui in connection with Gidhaur P.S. Case No. 215
of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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