Patna High Court
Himanshu Kumar @ MunnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court directed the trial court to first determine the petitioner's juvenile status before considering his anticipatory bail application.
Summary
The petitioner, Himanshu Kumar @ Munna, feared arrest in connection with offences alleged under Sections 137(2), 103(1), 140(1), 61(2), 238 and 3(5) of the Bihar Negotiable Instruments Act. He applied for anticipatory bail, contending that he is a juvenile and citing a coordinate bench decision that anticipatory bail is maintainable for juveniles. The learned counsel urged the court to first determine the petitioner's age before entertaining the bail application. The High Court, referencing the earlier decision in Prince Kumar v. State of Bihar, directed the lower court to ascertain whether the petitioner is a juvenile and thereafter consider his anticipatory bail plea. The application was consequently disposed of without a substantive order on bail.
Issues considered
- Whether the petitioner Himanshu Kumar @ Munna is a juvenile within the meaning of the law.
- Whether anticipatory bail can be granted to a juvenile accused of the specified offences.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 137(2), 140(1), 238, 3(5), 61(2)
Subjects
- anticipatory bail
- juvenile
- criminal procedure
- Bihar Negotiable Instruments Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80721 of 2025
Arising Out of PS. Case No.-872 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Himanshu Kumar @ Munna Son of Sri Dharamvir Kumar R/o Village -
Hanuman Nagar, P.S. - Rajepur, District - Muzaffarpur through its father and
Natural Guardian namely Dharamvir Kumar age 40 years S/o Awadesh Prasad
Ray.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur
Ms.Vaishnavi Singh
For the State : Mr. J.N.Thakur, APP
For the Informant Mr. Alok Kumar Alok
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 30-01-2026 Heard the learned counsel for the parties.
2.The petitioner apprehends his arrest for the
offences alleged under Section 137(2) with subsequently
Sections 103(1), 140(1), 61(2), 238 and 3(5) of the BNS being
added, registered in connection with Ahiyapur P.S.Case No. 872
of 2025.
3. Mr. A.K.Thakur, the learned counsel for the
petitioner, has submitted that a coordinate Bench in order dated
12.05.2025 passed in Cr.Misc.No. 56295 of 2024 (Prince
Kumar Vs. The State of Bihar) has observed that the
anticipatory bail in respect of a juvenile is maintainable.
4. In that view of the matter, the learned court below
Patna High Court CR. MISC. No.80721 of 2025(4) dt.30-01-2026
2/2
is directed to determine whether the petitioner Himanshu Kumar
@ Munna is a juvenile or not and thereafter shall consider his
prayer for anticipatory bail.
5. With the direction/observation aforesaid, the
application stands disposed of.
(Nawneet Kumar Pandey, J)
HR/-
U T
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