Shiv Chandra Sah @ Shiva Chandra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 82007 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Shiv Chandra Sah @ Shiva Chandra Kumar Son of Binod Kumar Sah Resident of Village - Bhutahi Phulkaha, Near Hanuman Mandir, P.S.- Bhutahi, District - 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. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-11-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Bajpatti P.S. Case no. 132 of 2024, registered under sections 420, 406, 409 and 120B of the Indian Penal Code.
3. As per the prosecution case, the informant states that inspite of the informant having given amount to the Postmaster of Bajpatti Police Station namely Gopal Jha, it subsequently transpired that the same had not been deposited in the Recurring Deposit account of the informant. Large sum had been defalcated by the accused persons including the petitioner herein and as such the FIR.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No. 82007 of 2024(2) dt.28-11-2024 2/3 petitioner has been falsely implicated in the case for the reason that at the relevant time he was posted as Sub-Postmaster in the said post office. It is submitted that the specific allegation is against co-accused Gopal Jha, though there are general allegations levelled against others including this petitioner. The case of the petitioner stands on a similar footing to that of coaccused Saroj Baitha @ Saroj Kumar and Yashwant Kumar Thakur @ Jaiwant Kumar Thakur @ Yashwant who have been enlarged on anticipatory bail vide order dated 13.11.2024 passed in Cr. Misc. no. 74959 of 2024 and Cr. Misc. no. 75023 of 2024.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. being general and omnibus, the specific allegation being against co-accused Postmaster Gopal Jha and grant of bail to co-accused Saroj Baitha @ Saroj Kumar and Yashwant Kumar Thakur @ Jaiwant Kumar Thakur @ Yashwant vide order dated 13.11.2024 passed in Cr. Misc. no. 74959 of 2024 and Cr. Misc. no. 75023 of 2024, it is directed that the petitioner above named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No. 82007 of 2024(2) dt.28-11-2024 3/3 learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bajpatti P.S. Case no. 132 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi.
(Partha Sarthy, J) Harsh/- U T