Bombay High Court
HIREN BHARAT SUMARIAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
In the absence of any proof that the applicant knew the notes were counterfeit, anticipatory bail under Section 482 of the Bhartiya Nyaya Sanhita is warranted to safeguard his personal liberty.
Summary
The applicant, an employee of Sri Devi Jewellers, was implicated in FIR No. 241 of 2026 for allegedly depositing Rs. 30,00,000 in cash at ICICI Bank, where five Rs. 500 notes were found to be counterfeit. He applied for anticipatory bail under Section 482 of the Bhartiya Nyaya Sanhita, contending that he had no knowledge that the notes were fake and had no prior criminal record. The State argued that the source of the counterfeit notes needed investigation and that the applicant should be detained. The Court examined the FIR and noted that the allegation of tendering fake notes arose solely because the applicant presented them to the bank, with no evidence of his knowledge of their falsity. Considering the lack of proof of mens rea, the applicant's willingness to cooperate, and the need to protect personal liberty, the Court granted anticipatory bail. The order also directed the applicant to appear before the police and cooperate with the investigation.
Issues considered
- Whether anticipatory bail can be granted under Section 482 when the accused has tendered counterfeit notes but there is no evidence of knowledge of their falsity
- Whether the applicant's personal liberty warrants protection pending further investigation
- Whether the applicant's readiness to cooperate influences the bail decision
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 179, 180, 310(2), 333, 351(2), 351(3), 352, 482
Subjects
- anticipatory bail
- Section 482
- counterfeit currency
- knowledge
- personal liberty
- Bhartiya Nyaya Sanhita
- bank fraud
- investigation cooperation
Judgment
904-ABA-2680-2026.doc
vaishnavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2680 OF 2026
Hiren Bharat Sumaria ...Applicant
V/s.
State of Maharashtra ...Respondent
Mr. Naushad Sayyed, (V.C), for the Applicant.
Ms.Geeta Mulekar, APP for the Respondent – State.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 23rd SEPTEMBER, 2026.
P.C. :-
1. Heard the learned counsel for applicant as well as learned
APP for respondent.
2. The applicant has filed in instant application seeking
pre-arrest bail under Section 482 of BNSS in connection with FIR No.
241 of 2026 registered with Bhiwandi City Police Station for offence
under Section 179 and 180 of BNS, 2023.
3. The FIR is registered on the basis of the report lodged by
Dy. Branch Manager of ICICI Bank, Dhamankar Naka Bhiwandi,
alleging that on 17.03.2026, this applicant who is an employee of Sri
Sri Devi Jewellers had deposited an amount of Rs. 30,00,000/- by
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cash and at that time it was found that five notes of Rs. 500/-
denomination were detected to be fake. On the basis of these
allegations, the FIR came to be registered against this applicant.
4. The learned counsel for applicant submits that there is
nothing to indicate that this applicant had knowledge that the notes
were fake. He further states that there are no criminal antecedents
against the applicant. He also submits that in view of the nature of
offence the applicant is ready to join investigation.
5. The learned APP opposed the application and submitted
that allegations in FIR show that the bank has received certain fake
notes of Rs. 500/- denomination and since the notes are tendered by
the applicant, the source of those fake notes need to be investigated.
She submits that further investigation in the matter is required to be
conducted.
6. Perused the FIR and the documents placed on record. It has
to be noted that the allegations about tendering fake notes is leveled
only because the applicant has presented the said notes to the Bank.
There is nothing to show that this applicant had knowledge about the
notes being fake. Further it cannot be accepted at this stage that the
applicant having knowledge about the notes to be fake would go and
tender the said notes in a Bank where detection machines are already
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placed to detect the genuineness of the currencies.
7. Considering the nature of the offence and above mentioned
aspects and further considering readiness of the applicant to join the
investigation, his personal liberty needs to be protected at this stage.
8. Hence I pass the following order :
: ORDER :
(i) Anticipatory Bail Application is allowed.
(ii) In the event of arrest of the applicant in connection with
Crime No. 177/2026 u/s.310(2), 333, 351(2), 351(3), 352 of Bhartiya
Nyaya Sanhita, 2023 registered with Padgha Police Station, the
Applicant may be released on bail on furnishing P.R. Bond of Rs.
25,000/- (Rupees Twenty Thousand only) with one solvent surety of
the like amount.
(iii) The applicant is directed to attend the Police Station on
27.09.2026 in between 10.00 a.m to 2.00 p.m and thereafter as and
when called upon by the Investigating Agency.
(iv) The applicant shall extend cooperation during investigation
and trial.
9. The Application is accordingly allowed and disposed of in
above terms.
(PRAFULLA S. KHUBALKAR, J.)
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