Himnashu Kumar @ Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25191 of 2025 Arising Out of PS. Case No.-253 Year-2024 Thana- AMAS District- Gaya ====================================================== Himnashu Kumar @ Himanshu Kumar S/o Gaya Prasad R/o Village- Shiva Bigha, Ammakuan, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

State Food Corporation of India Limited Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh- A.P.P.

For State Food Corporation:

Mr. Shailendra Kumar Singh Mr. Nirmal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the Bihar State Food Corporation.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 316(2), 318(4), 3(5) of BNS.

3. Learned counsel for the petitioner submits that petitioner during the course of investigation was given notice under section 35 BNSS and the petitioner during the course of investigation cooperated in the investigation but then the police never felt the need of arresting the petitioner. It is next submitted that police after investigation submitted chargesheet,

Patna High Court CR. MISC. No.25191 of 2025(6) dt.18-08-2025 2/2 as such, cognizance came to be taken and petitioner apprehends arrest. It is further submitted that since police during the course of investigation never felt the need of arresting the petitioner whether it would be prudent for this court to send the petitioner to jail.

4. Learned A.P.P. as well as learned counsel appearing on behalf of the Bihar State Food Corporation opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Gaya/successor court in connection with Amas P.S. Case No.253/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) vikash/- U T