Patna High Court – Orders
Himanshu Kumar vs The State Of Bihar on 8 January, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87978 of 2024
Arising Out of PS. Case No.-5 Year-2020 Thana- SAHAJITPUR District- Saran
======================================================
Himanshu Kumar S/O Shri Chitranjan Kumar Resident of Postal Park,
Bengali Tola, P.S- Jakkanpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amit Srivastava S/O Pradeep Kumar Srivastava R/O Village- Chhapia, P.S-
Sahajitpur, Dist.- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akanksha Malviya
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2025
1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 406, 420,
467, 468, 471 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that Rajan Lal Srivastava is his close friend, further
Rajan on 14.06.2019 came at the house of the informant along
with the accused persons including the petitioner and introduced
Bhagirath Giri as a dealer of tractor and rest three accused were
introduced as officers of different finance company, further
Patna High Court CR. MISC. No.87978 of 2024(2) dt.08-01-2025
2/5
Rajan disclosed that he has purchased a tractor from Bhagirath
Giri on easy installment and the informant believed Rajan and
got ready to purchase a tractor for which he was made to sign on
several documents and the informant also submitted photo copy
of his Aadhaar card, PAN Card, 10 passport size photographs
along with 11 post dated cheques apart from Rs. 1,82,000/- in
cash, it is further alleged that the informant inquired from
Bhagirath that as to why he is being made to sign so many
documents, on which he was informed that the tractor can be
financed by any of the finance company, it is further alleged that
after some time the tractor was delivered to the informant along
with insurance paper which carried the Chassis number and
engine number, further the informant after purchasing the tractor
asked Bhagirath Giri to return the rest of the documents which
were not used, on which Bhagirath Giri disclosed that the
documents have been misplaced, later informant received a
phone call in October from Hinduja Finance Company and the
caller disclosed that the installment of the purchased tractor is
not being paid, hence, the tractor would be seized, on which the
informant started inquiring when he came to know that the
tractor which he had purchased from Bhagirath Giri through
finance provided by L & T Finance has been financed by other
Patna High Court CR. MISC. No.87978 of 2024(2) dt.08-01-2025
3/5
finance companies also including the company of the petitioner,
thus, alleges that Bhagirath using his document submitted for
purchasing the tractor has misused the same in connivance with
the accused persons and got the same tractor financed by
different finance companies.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the FIR, it
would manifest that the name of the employee of other two
finance companies is not recorded, but then the name of the
petitioner is recorded in the FIR. It is next submitted that
petitioner is presently the Area Sales Manager of TVS Credit
Services Limited and when the petitioner came to know about
the said fraudulent transaction, he instituted an FIR being
Hajipur Sadar P.S. Case No. 739 of 2019 in which Bhagirath
along with the instant informant and others were made accused.
It is next submitted that since the aforesaid FIR came to be
instituted by the petitioner, as such, the informant instituted the
instant case by roping the petitioner as an accused by name, it is
further submitted that in the FIR it is alleged that it was Rajan
Lal Srivastava who had introduced the informant with the
accused persons, but then Rajan Lal Srivastava is neither made
Patna High Court CR. MISC. No.87978 of 2024(2) dt.08-01-2025
4/5
an accused nor a witness as Rajan Lal Srivastava would have
been the person competent to identify whether petitioner was
present at the place of occurrence or not when Bhagirath along
with Rajan and others had come. It is further submitted that
petitioner will not abscond rather will co-operate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Sahajitpur P.S.
Case No. 05 of 2020 subject to the conditions as laid down
under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
Patna High Court CR. MISC. No.87978 of 2024(2) dt.08-01-2025
5/5
investigation, in that event the learned Trial Court shall be at
liberty to forthwith cancel the bail bonds of the petitioner.
8. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T