Shivchandra Kumar @ Shiv Chandra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38451 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Shivchandra Kumar @ Shiv Chandra Sah S/O Binod Kumar Sah Resident of village- Bhutahi Phulkaha, near Hanuman Mandir, P.s.- Kanhauli, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bajpatti P.S. Case no. 185 of 2024 instituted for the offence under Sections 409, 420, 467, 468, 470, 471, 120(B)/34 of the Indian Penal Code.
3. The case of the prosecution is that from the recurring account of the informant, altogether Rs. 5,45,000/- was misappropriated. In FIR itself, four persons are named against whom the informant has made a complaint. This petitioner has been made accused in this case as he was worked in the said branch of post office from 10.12.2022 to 10.06.2023
Patna High Court CR. MISC. No.38451 of 2025(2) dt.11-07-2025 2/3 and he was transferred to Pupri postal office. All the said recurring accounts were opened prior to his joining the service in the said postal office, Bajpatti.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that there is no specific allegation against him regarding misappropriation. He has been made accused only because he was serving in that post office at that time. Further submission is that co-accused, namely, Shiv Chandra Sah @ Shiva Chandra Kumar has been granted bail by this Court vide order dated 28.11.2024 passed in Cr. Mis. No. 82007 of 2024.
5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bajpati P.S. Case no. 185 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.38451 of 2025(2) dt.11-07-2025 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Pupri, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Jagdish/- U T