Shashi Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69827 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- MUSAHARI District- Muzaffarpur ====================================================== Shashi Kumar Singh Son of Dinesh Singh Resident of Village - Nunfara, P.S. - Pear, District - Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv Mr.Saurav Barial, Adv For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2025 1.
Heard learned senior counsel for the petitioner Shri Y.C. Verma and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita.
3.
Learned senior counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner was posted as sub-postmaster, Manika Harikishun, Sub-Post Office, Muzaffarpur. It is next alleged that one Prahalad Mishra opened an account in the said Sub-Post Office on 28-4-2025, but passbook was not handed over to him, further Prahalad Mishra on 29-4-2025 deposited a cheque of Rs.15 lakhs in the Sub-Post Office for investing in
2/4 NSC and SCSS scheme, further on 5-5-2025 an amount of Rs.5 lakhs was credited in his account, thereafter on 6-5-2025 an amount of Rs.5 lakhs was withdrawn from the account and on 85-2025 an amount of Rs.5 lakhs was credited and on the same day an amount of Rs.10 lakhs was withdrawn, but the said transactions were not done by Prahalad Mishra, accordingly the petitioner was called for an inquiry on 17-7-2025 and 21-72025, but on both the dates the petitioner did not appear and thus he was suspended.
4.
The learned senior counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on suspicion. It is next submitted that though in the FIR, it is alleged that petitioner was called for inquiry on 17-7-2025 and 21-7-2025 but then the petitioner did not appear, as such he was suspended, but then petitioner was suspended prior to initiation of the inquiry on 37-2025. It is further submitted that Prahalad Mishra has not instituted an FIR. It is also submitted that the notices for appearing on 17-7-2025 and 21-7-2025 were received by the petitioner on 28-7-2025, as such he could not appear in the aforesaid inquiry, but the next date fixed was 5-8-2025, but then petitioner on the said date could not appear on account of health
3/4 issues. It is further submitted that petitioner being subpostmaster of the aforesaid sub-post office came to be implicated, but from perusal of the allegation as alleged in the FIR, it would manifest that apart from the fact that petitioner was posted as sub-postmaster no other allegation is alleged. It is next submitted that petitioner joined the service in the year 2012 and had a blemishless service record. It is submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6.
Considering the submissions made by the learned senior counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mushahari P.S. Case No. 171 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.
However, it is made clear that in the event, if the
4/4 Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 8.
It is further made clear that if charge-sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect. 9.
Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T