Himanshu @ Himanshu Kumar @ Phanni Mishra @ Phani Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60745 of 2025 Arising Out of PS. Case No.-212 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Himanshu @ Himanshu Kumar @ Phanni Mishra @ Phani Mishra S/o Sri Rambhu Mishra R/o vill - Dumaria Buzurg, P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case No. 212 of 2024 dated 30.05.2024 registered for the offences punishable under Sections 188, 290, 353, 504 and 506 of the Indian Penal Code read with Sections 25(1-A)(1-B)a, 26(2) read with Section 35 of the Arms Act.

3. As per the prosecution case, the informant alleged that through social media, a video of 05.03 minutes was received on Whatsapp in which two boys with country-made pistols in their hands were shown live and were abusing the police administration etc by taking caste names and in other

Patna High Court CR. MISC. No.60745 of 2025(2) dt.10-09-2025 2/3 video two boys were shown waving three country-made pistol.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of the co-accused, Keshav Kumar. The petitioner has no concern with the alleged offence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody in this case since 05.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that as per the impugned order dated 16.05.2025, the co-accused Shivam Kumar has stated that the viral video was recorded from the mobile of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Parbatta P.S. Case No. 212 of 2024, with a condition:-

Patna High Court CR. MISC. No.60745 of 2025(2) dt.10-09-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T