Shankar Prasad @ Shankar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25741 of 2025 Arising Out of PS. Case No.-260 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== Shankar Prasad @ Shankar Mahto S/o Rajo Mahto R/o Village- Gajodih, P.S.- Govindpur, Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 409, 120(B) 420 of the Indian Penal Code.
3. As per the prosecution case, this petitioner, being Secretary of Ward No. 14, along with other co-accused persons are alleged to have misappropriated Rs. 26 lakh of the government fund which was allotted for the execution of Nal Jal Yojana.
4. Learned counsel appearing for the petitioner submits that from perusal of the FIR itself, it is clear that only four cheques i.e. cheque nos. 512021 to 512024 were issued under signatures of this petitioner and co-accused Indu Kumari (ward member) and later on, cheque book was snatched by
Patna High Court CR. MISC. No.25741 of 2025(2) dt.27-06-2025 2/3 Ashutosh Kumar @ Anshu, Sudhir Kumar, Rakesh Kumar, Khushboo Kumari, Anita Kumari, Anuj Kumar and others which was also supported by detailed status of A/C No. 72780100057713 of Ward Kriyanwayan Avam Prabhandan Samiti Ward No. 14 Gram Panchayat Baksauti. He submits that according to A/C details, neither any cheque was issued by petitioner nor any single paisa was withdrawn by him. Hence, offence under Section 409, 420, 120(B) I.P.C. is not made out against petitioner. Moreover, similarly situated co-accused, namely, Indu Kumari has already been granted regular bail this Court vide order dated 09.08.2024 passed in Cr. Misc. No. 25449 of 2024. Petitioner claims clean antecedent. Petitioner is in custody since 19.08.2024.
5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Sub-Divisional Judicial Magistrate,
Patna High Court CR. MISC. No.25741 of 2025(2) dt.27-06-2025 3/3 Nawada in Govindpur Police Station Case No. 260 of 2022. (Prabhat Kumar Singh, J) Navya/- U T