Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67716 of 2025 Arising Out of PS. Case No.-863 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Himanshu Kumar S/o Jaleshwar Singh R/o Mohalla- Gannipur Mishra Tola, Near Durga Temple, Ward No. 29, P.S. and Dist.- Muzaffarpur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar Tiwari, Advocate For the State :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.
3. As per prosecution case, it is alleged that coaccused Mayank, in a planned conspiracy with all the accused persons, on the basis of forged and fabricated documents, sold the land of informant in favour of this petitioner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is bona fide purchaser of the land in question and has purchased the land after payment of
Patna High Court CR. MISC. No.67716 of 2025(2) dt.24-09-2025 2/3 due consideration money from co-accused Mayank who in turn purchased the land in question from late Uma Rana in whose name the land was mutated in the year 2012. Co-accused Mayank has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 10.01.2024 passed in Cr. Misc. No. 77070 of 2023. Moreover, the dispute is with regard to sale and purchase of land, which is purely civil in nature and none of the acts allegedly committed by this petitioner would give rise to any criminal liability. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.67716 of 2025(2) dt.24-09-2025 3/3 East Champaran at Motihari in connection with Turkauliya (Raghunathpur) P.S. Case No. 863 of 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T