The denial of bail based on the absence of witness testimony and adherence to procedural requirements under relevant legislation.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 16-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This is second attempt for grant of regular bail to the petitioner.

3. Earlier, vide order dated 23.07.2025 passed in Criminal Miscellaneous No. 23226 of 2025, the petitioner’s bail application was rejected on the ground of recovery of huge quantity of counterfeit currency from the petitioner.

4. Vide order dated 28.11.2025, a report was called for from the court of learned District and Additional Sessions Judge-III, Madhubani about the present stage of trial and expected time to be taken in conclusion of trial.

5. On perusal of report sent by learned trial court, it is evident that charges has been framed on 11.08.2025 but, till date no prosecution witnesses have been examined.

6. The petitioner seeks bail in connection with Jaynagar PS Case No.19 of 2025 dated 21.01.2025, instituted for the offence punishable under Sections 178 , 179, 180, 318(4), 3(5) of the Bharatiya Nyaya Sanhita , 2023.

7. The prosecution case, in short, is that the informant, who is the personnel of Seema Suraksha Bal, got information from reliable source that a person, namely, Prabhat Yadav, who deals with counterfeit currency, is expected to come near Registry Office. On such information, he along with other personnel started keeping watch on the person(s) coming there and apprehended the petitioner from whose possession fifty three thousand counterfeit Nepali currency, twenty three thousand three hundred counterfeit Indian currency and two thousand two hundred original Indian currency were recovered from his possession.

8. Learned counsel for the petitioner submits that the petitioner is the resident of Laxmipur village under Kaluahi Police Station which is situated near Nepal boarder and Nepali currency is also used in India. Further submission is that the petitioner has not cheated any person and nobody has levelled any allegation against the petitioner for giving counterfeit currency. It is also submitted that the police did not follow Section 103 of the Bhartiya Nagarik Suraksha Sanhita , 2023. It is further stated that no prosecution witnesses have been examined till date. Lastly, it is submitted that the petitioner is in custody since 22.01.2025 having no criminal antecedents and charge-sheet has been submitted in the case.

9. Learned A.P.P. has opposed the prayer for bail of the petitioner.

10. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and the period of incarceration of the petitioner, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Madhubani in Jaynagar PS Case No.19 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the conclusion of trial in this case.