Himanshu Kumar @Himanshu Dubey @Mantu Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4530 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Himanshu Kumar @HIMANSHU Dubey @MANTU Dubey S/O Late Pahari Dubey @ Lakshmi Narayan Dubey R/V- Latiyayhi, P.S.- Adapur, DistrictEast Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 411 and 3 of the Indian Penal Code.

As per prosecution case, the petitioner along with other co-accused in furtherance of common intention have stolen cables of Electric Department.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the name of this petitioner came in this case

Patna High Court CR. MISC. No.4530 of 2023(2) dt.27-03-2023 2/2 from the statement of co-accused, Saheb Alam, before the police custody. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ghorasahan (Lakhaura) P.S. Case No. 162 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Learned court below shall confirm the bail bond of the petitioner after verifying the fact that the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) anand/- U T