Shibu Thakur @ Shiv Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9999 of 2026 Arising Out of PS. Case No.-402 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Shibu Thakur @ Shiv Thakur S/o Kapildeo Thakur Resident Of VillageBelsandi Dih, Ps- Bibhutipur, Dist- Samastipur, Rural Awas Assistant, Panchayat Raj Bibhutipur, P.s.- Bibhutipur, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 409, 420, 120(B) of the Indian Penal Code.
3. The case of the prosecution, in short, is that amount of Pradhanmantri Awas Yojana was received in the account of complainant's wife. The case of the complainant is that due to fault of this petitioner the amount transferred in the account of complainant's wife who has remarried someone.
4. Learned counsel for the petitioner submits that as the husband and wife are single unit, the cash was transferred in the account of husband but the wife has withdrawn the cash
Patna High Court CR. MISC. No.9999 of 2026(2) dt.09-02-2026 2/2 from the account of her husband. There is no fault on the part of the petitioner. It has further been submitted that Savita Devi has been granted bail by this Court in Cr. Misc. No. 84048 of 2025 holding that this dispute is between husband and wife. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and is in judicial custody since 10.12.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 402 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, District-Samastipur.
(Ashok Kumar Pandey, J) durgesh/- U T