Himanshu Shekhar @ Ayushman Kumar @ Manu @ Himanshu Raj @ Monu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59187 of 2023 Arising Out of PS. Case No.-554 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Himanshu Shekhar @ Ayushman Kumar @ Manu @ Himanshu Raj @ Monu S/O Arwind Kumar Singh R/O Village- Patani, P.S- Ramgarhwa, Distt.- East Champaran.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Adv.
For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sadar P.S. Case No. 554 of 2022 lodged under Section 392 of the I.P.C. later on Section 395 and 412 of the I.P.C. was also added.
3. As per the prosecution case, the F.I.R. has been lodged against 3 unknown accused persons with allegation that they have committed crime by visiting at the place of occurrence by 2 motorcycles. It has been alleged in the F.I.R. that the loot of Rs.13,45,620/- has been made from the cash counter of ICICI Bank situated in Sadar P.S. Sitamarhi.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.59187 of 2023(3) dt.08-11-2023 2/3 petitioner is innocent and has committed no offence. He submits that the name of the petitioner has figured in this case by virtue of investigation when the police's informer upon observation of CCTV footage of the Bank has identified the petitioner and subsequently, he was arrested.
5. Counsel further submits that the part of the looted money from the ICICI Bank has also been recovered. The other co-accused of this case has stated in Para-81 of the case diary that the present petitioner is the entire planner of the said crime. The petitioner himself accepted his guilt and confess that he has deposited Rs.4 lac in the account of his father of Canara Bank.
6. Counsel for the petitioner submits that petitioner is in custody is since 23.02.2023 and charge sheet has already been submitted in this case. He further submits that initially the case of Section 392 of the I.P.C. and later on Sections 395 and 412 of the I.P.C. has been added.
7. Learned counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is not clean. There are 12 criminal cases pending against the petitioner and at the time of hearing bail application, this aspect must be taken into consideration.
8. In the present facts and circumstances of this case
Patna High Court CR. MISC. No.59187 of 2023(3) dt.08-11-2023 3/3 and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J.) Prakashmani/- U T