Himanshu Kumar @ Yash Raj @ Yash Raj @ Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85417 of 2023 Arising Out of PS. Case No.-286 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Himanshu Kumar @ Yash Raj @ Yash Raj @ Himanshu Kumar Son Of Hare Ram Singh Resident Of Village - Kabiya Near Thakurwari, Police Station - Bhagwanpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Bhagwanpur P.S. Case No. 286 of 2023 dated 18.10.2023 registered for the offence/s punishable u/ss 25(1-b)a, 26, 35 and 27 of the Arms Act.
3. As per prosecution case, the informant (A.S.I.) got confidential information that some criminals were planning to commit crime in Bhardiha. One country made pistol with magazine was recovered from the possession of the co-accused, Prem Kumar, who disclosed the name of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There
Patna High Court CR. MISC. No.85417 of 2023(3) dt.01-02-2024 2/2 is general and omnibus allegation against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner and he has no concerned or any term with the apprehended accused and police has wrongly written that the apprehend accused persons disclosed the name of the petitioner. The petitioner is accused in one more case.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Begusarai in connection with Bhagwanpur P.S. Case No. 286 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure
7. The application stands allowed.
(Chandra Prakash Singh, J) shweta/- U T