Patna High Court
Himanshu ShekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Himanshu Shekhar, was arrested on 26 February 2026 in connection with a police case involving alleged threats, attempted murder and defamation against an informant. The informant claimed the petitioner sent threatening phone calls and SMS messages, causing mental distress, and also demanded money from another woman. The petitioner contended he had a clean criminal record, had repaid a large loan to the informant through bank transfers, and was falsely implicated. The prosecution opposed bail, citing the threatening messages and the seriousness of the offences under the Bharatiya Nyay Sanhita, 2023. The court, after considering the clean antecedent and the nature of the allegations, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding attendance, non‑tampering with evidence and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioner’s clean antecedent and repayment of a loan constitute sufficient grounds for bail.
- Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 126(2), 329(3), 331(4), 3(5), 351(2), 352, 74, 78
Subjects
- bail
- criminal law
- threats
- intimidation
- Bharatiya Nyay Sanhita
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28012 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- Banuchhapar District- West Champaran
======================================================
Himanshu Shekhar Son of Shashibhusan Prasad Singh @ Shashibhusan
Prasad Yadav @ Bhushan Prasad Yadav R/O- Bodh Marg, Exhibition Road,
Behind LIC Building, Belwar Gali, Lodipur, P.S.- Gandhi Maidan, District -
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar, Advocate
: Mr. Kasuhal Kishore, Advocate
: Mrs. Kajal, Advocate
For the State : Mr. Abhay Kumar
For the Informant : Mr. Naresh Dixit, Advocate
: Mr. Suraj Samdarshi, Advocate
: Mr. Arpit Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-05-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for
the petitioner as well as Mr. Kalyan Shankar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.02.2026 in connection with Banuchhapar P.S. Case No. 154
of 2025, F.I.R. dated 27.12.2025 for the offences punishable
under Sections 126(2), 74, 78, 329(3), 331(4), 352, 351(2) and
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner threatened her through phone calls
and SMS messages, attempted to kill her and tried to defame
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her. This is causing her mental distress and insecurity and due to
this pressure, she is facing difficulties and obstacles in
discharging her responsibilities and duties.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Infact the informant had
borrowed huge amount from the petitioner which petitioner has
paid to her through bank transactions and on 04.12.2024, he
transferred Rs.30,000 in the bank account of the informant. He
next submits that EMI of the car which the informant purchased,
several installments, online purchase of mobile, Sony A.C and
jewelleries, its amount were also paid by the petitioner. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 26.02.2026.
5. The learned Additional Public Prosecutor for the
State, as well as the learned counsel for the informant, have
vehemently opposed the petitioner’s prayer for bail and submits
that, from a bare perusal of Annexure-1 to the counter affidavit,
it appears that the petitioner had sent threatening messages to
the informant. Furthermore, owing to the continuous threats
done by the petitioner, the informant lodged a case before the
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Superintendent of Police, West Champaran and apart from that
the petitioner had demanded the same amount from another lady
as well.
6. Considering the aforesaid facts and circumstances
as well as nature of allegation and the fact that petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Bettiah, West Champaran
in connection with Banuchhapar P.S. Case No. 154 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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