Patna High CourtCR. MISC./28012/2026bail granted

Himanshu Shekhar v. The State Of Bihar

2026-05-06Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28012 of 2026 Arising Out of PS. Case No.-154 Year-2025 Thana- Banuchhapar District- West Champaran ====================================================== Himanshu Shekhar Son of Shashibhusan Prasad Singh @ Shashibhusan Prasad Yadav @ Bhushan Prasad Yadav R/O- Bodh Marg, Exhibition Road, Behind LIC Building, Belwar Gali, Lodipur, P.S.- Gandhi Maidan, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Purushottam Kumar, Advocate :

Mr. Kasuhal Kishore, Advocate :

Mrs. Kajal, Advocate For the State :

Mr. Abhay Kumar For the Informant :

Mr. Naresh Dixit, Advocate :

Mr. Suraj Samdarshi, Advocate :

Mr. Arpit Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner as well as Mr. Kalyan Shankar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 26.02.2026 in connection with Banuchhapar P.S. Case No. 154 of 2025, F.I.R. dated 27.12.2025 for the offences punishable under Sections 126(2), 74, 78, 329(3), 331(4), 352, 351(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.

3. According to prosecution case, the informant alleged that the petitioner threatened her through phone calls and SMS messages, attempted to kill her and tried to defame

2/4 her. This is causing her mental distress and insecurity and due to this pressure, she is facing difficulties and obstacles in discharging her responsibilities and duties.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Infact the informant had borrowed huge amount from the petitioner which petitioner has paid to her through bank transactions and on 04.12.2024, he transferred Rs.30,000 in the bank account of the informant. He next submits that EMI of the car which the informant purchased, several installments, online purchase of mobile, Sony A.C and jewelleries, its amount were also paid by the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 26.02.2026.

5. The learned Additional Public Prosecutor for the State, as well as the learned counsel for the informant, have vehemently opposed the petitioner's prayer for bail and submits that, from a bare perusal of Annexure-1 to the counter affidavit, it appears that the petitioner had sent threatening messages to the informant. Furthermore, owing to the continuous threats done by the petitioner, the informant lodged a case before the

3/4 Superintendent of Police, West Champaran and apart from that the petitioner had demanded the same amount from another lady as well.

6. Considering the aforesaid facts and circumstances as well as nature of allegation and the fact that petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Banuchhapar P.S. Case No. 154 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T