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Patna High CourtCR. MISC./53174/2025bail granted

Himanshu Kumar v. The State Of Bihar

2025-08-29Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53174 of 2025 Arising Out of PS. Case No.-890 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Himanshu Kumar S/o Umesh Prasad Singh R/o Vill- Kaithar, P.S.- Sikandra, Distt- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Krishna Mohan Singh S/O Suvash Singh R/o Vill and post.- Jivrakhan Tola, P.S.- Maner, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujit Kumar, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 408, 420, 467, 468, 471 and 34 of Indian Penal Code.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that named officials of Utkarsh Small Finance Bank Ltd., in connivance, misappropriated an amount of nearly Rs. 37 lakhs of the Bank, as detailed in the FIR.

4. Learned counsel appearing on behalf of the petitioner next submits that co-accused Jay Prakash Ram had

Patna High Court CR. MISC. No.53174 of 2025(3) dt.29-08-2025 2/3 approached this court seeking anticipatory bail by filing Cr. Misc No. 63632 of 2023 and the same was allowed by an order dated 27-2-2024 passed by a learned Co-ordinate Bench. It is next submitted that though petitioner is alleged to have misappropriated an amount of Rs. 48,381/-, but then the petitioner vehemently disputes the said allegation. It is further submitted that a bald allegation has been alleged against the petitioner of misappropriating the aforesaid amount. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kahalgaon P.S. Case No. 890 of 2021, subject to the conditions as laid down under Section 482 (2) of the BNSS.

Patna High Court CR. MISC. No.53174 of 2025(3) dt.29-08-2025 3/3

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

8. It is made clear that in the event if charge sheet is submitted and the learned trial court comes to a conclusion that the petitioner, after his release, is trying to delay the framing of charge or after framing of charge is delaying the trial in any manner, in both the conditions, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Rishabh/- U T