Shambhoo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35791 of 2021 Arising Out of PS. Case No.-97 Year-2013 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Shambhoo Prasad S/O Shatrughan Thakur R/O Village-Sheikhpur, P.OShekhpura, P.S-Ahiyapur, District-Muzaffarpur. 2.

Kumari Shobha Sharma @ Shobha Sharma W/O Ram Babu Singh R/O Village And P.O-Khairwa Darp, Ward No.10, P.S-Sheohar, District-Sheohar. 3.

Mukund Kumar S/O Radheshyam Singh R/O Village And P.O-Khairwa Darp, Ward No.9, P.S-Sheohar, District-Sheohar. 4.

Ishwarnath Jha S/O Devendra Jha R/O Village-Sugiya Katsari, Ward No.13, P.O-Pardeshiya, P.S.-Sheohar, District-Sheohar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

Mr. Divya Bharti, Adv.

For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners as well as learned APP for the state.

The petitioner apprehends his arrest in connection with Sheohar P.S. Case No.97 of 2013 registered for the offence under Sections 406, 420, 467, 468, 471 and 379 of the Indian Penal Code.

As per allegation in the FIR, an NGO Azad Gramin Vikash Seva Sansthan was selected for the purpose of imparting computer education for the SC/ST students of class 6th to 8th.Total an amount of Rs. 6,00,000/- was given to him for his service by cross cheque. Informant further alleged that after

Patna High Court CR. MISC. No.35791 of 2021(2) dt.21-03-2022 2/3 getting complains of negligence, an inquiry committee constituted by the State official, found a fraud committed by the alleged NGO.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. In fact, certificate regarding completion of work was issued by the Navneet Kumar Manoranjan, who was then Incharge Headmaster of Basic School, Bisahi. Vide order dated 08.12.2021 passed in Cr. Misc. No. 7956 of 2021 and vide order dated 09.12.2021 passed in Cr. Misc. No. 8632 of 2021 coaccused persons have already been granted anticipatory bail by this Hon'ble Court and the case of the petitioners stand on similar footing.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.35791 of 2021(2) dt.21-03-2022 3/3 Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case no. 97 of 2013, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Prakash Narayan /- U T