Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16699 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== Himanshu Kumar S/o Janardhan Ray R/o Village- Raghopur Purvi, P.SJurawanpur, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-03-2024 Heard Mr. Ashok Kumar, learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Jurawanpur P.S. Case No. 157 of 2023 registered for the offences punishable under Sections 364, 379 and 506/34 of the Indian Penal Code.
3. Allegedly, on 21.10.2023 at about 08:00 PM, while the informant was watching Durga Puja, in the meantime, the petitioner along with co-accused Pramod Ray came there and forcibly asked him to sit on their Bullet Motorcycle and took him away. In the way, the petitioner snatched his golden chain and a cash of Rs.50,000/- from his pocket and co-accused Pramod Ray snatched his mobile. However, on hulla when the people assembled, both of them fled away after
Patna High Court CR. MISC. No.16699 of 2024(2) dt.19-03-2024 2/3 getting the informant off the motorcycle.
4. It is submitted on behalf of the petitioner that both the petitioner and the informant are co-villager knowing each other very well and only on account of some political rivalry, this case has been instituted in order to wreak vengeance. Moreover, the occurrence took place on 21.10.2023 at about 08:00 PM but the FIR was lodged on 22.10.2023 at 02:20 PM and, as such, the deliberation and false implication cannot be ruled out. It is further submitted that there is no eyewitness to the alleged occurrence. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the Court.
5. On the other hand, learned counsel for the State, opposed the bail application and submitted that the petitioner had actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that both parties are co-villager, coupled with the fair antecedent of the petitioner, 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 four weeks from today, on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties
Patna High Court CR. MISC. No.16699 of 2024(2) dt.19-03-2024 3/3 of the like amount each to the satisfaction of learned A.C.J.M.- III, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 157 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T