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2016 Supreme(Pat) 1004

I.A.ANSARI, CHAKRADHARI SHARAN SINGH
State of Bihar – Appellant
Versus
Mithilesh Tiwary, Son of Sahdeo Tiwary – Respondent


Advocates Appeared:
For the Appellant :Mr. Ashwani Kumar Sinha, Advocate.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The State of Bihar, has preferred this appeal, under Section 378 (1) and (3) of the Code of Criminal Procedure, 1973, assailing the judgment and order, dated 06.10.2012, passed by the learned Additional Ad hoc District and Sessions Judge-I, East Champaran, Motihari in Session Case No. 485 of 2010 arising out of Raxual (Haraiya) P.S. case No. 48 of 2010, whereby he has recorded acquittal of the sole respondent, who stood charged for the offences punishable under Sections 489-A, 489-B and 489-C of the Indian Penal Code, giving him benefit of doubt.

2. The First Information Report was registered on the basis of written report of one Sujit Pal, Assistant Commandant, 13th Batalian of Seema Surakasha Bal (SSB), E-Coy, Pantoka, according to which, he received a confidential information to the effect that a person was coming from Nepal with fake currency notes, each of 1000/- denominations, totaling Rs. 1 lac and that he would be handing it over to a person at a place behind Dunkan Hospital, Raxaul. Acting on the said confidential information, the informant constituted a special team and reached near Dunkan Hospital to intercept the said person. On 31.0












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