Shyam Sundar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44952 of 2025 Arising Out of PS. Case No.-243 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== Shyam Sundar Sharma S/o Late Mohan Sharma R/O Village- Shahpur Deugole, P.S.- Balrampur, Distric- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
The District Manager, Bihar State Food and Civil Supplies Corporation, Katihar, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP For the Informant :
Mr. Nirmal Kumar, Advocate Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner, learned counsel for the B.S.F.C. and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Town Sahayak P.S. Case No. 243/2022 dated 06.05.2022 registered for the offence punishable u/s 467, 468, 471 and 420 of the Indian Penal Code.
3. As per the prosecution case, the petitioner was working as transporting agent under SFC during the year 20182021. It has been alleged that at the time of agreement the petitioner furnished documents regarding bank guarantee, which were found false in course of passing of bill.
Patna High Court CR. MISC. No.44952 of 2025(2) dt.05-08-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The only allegation against the petitioner is that he has deposited a forged Bank guarantee along with the agreement. Learned counsel has submitted that after completion of his work the petitioner has asked for his dues payment from the O.P. No. 2 but he was averted. Seeing no way the petitioner has filed CWJC NO. 19978/2021 for his dues payment which resulted into the instant F.I.R. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.03.2025.
5. Learned A.P.P. for the State as well as the learned counsel for the B.S.F.C. have vehemently opposed the bail petition of the petitioner by submitting that the petitioner has committed forgery with a valuable security for the purpose of cheating. Earlier the anticipatory bail of the petitioner has been rejected by the co-ordinate bench of this court vide order dated 13.03.2023 passed in Cr. Misc. No. 51990 of 2022.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.44952 of 2025(2) dt.05-08-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Town Sahayak P.S. Case No. 243/2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T