Himanshu Shekhar @ Hemanshu Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37977 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- BAUNSI District- Banka ====================================================== Himanshu Shekhar @ Hemanshu Shekhar S/o- Late Bijay Malakar R/oPanda Tola Bounsi Ps- Bounsi Dist- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bounsi P.S. Case No. 100 of 2025 instituted for the offences under Sections 126(2), 115(2), 118(1), 109, 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, the accusation against the petitioner is that he along with other co-accused assaulted the victim by lathi, bricks, stones and hammer due to which he sustained injuries on his head and right shoulder.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as
Patna High Court CR. MISC. No.37977 of 2025(2) dt.23-06-2025 2/3 alleged against him and has falsely been implicated in the present case. Both the parties are own brothers and there is pending land disputes between them. The petitioner has been made victim of circumstance. There is a case and counter case between the parties. Earlier, on 02.01.2024, the wife of the petitioner has filed Bounsi P.S. Case No. 05 of 2024 against the informant of this case as also his wife which is pending. Learned counsel for the petitioner further submits that the co-accused Subodh Malakar has already been granted bail by the learned court below. The petitioner has one criminal antecedent and is languishing in judicial custody since 25.03.2025 without any rhymes or reason. Chargesheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also the period of custody of the petitioner, let the
Patna High Court CR. MISC. No.37977 of 2025(2) dt.23-06-2025 3/3 petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bounsi P.S. Case No. 100 of 2025. (Rudra Prakash Mishra, J) rishi/- U T