Patna High Court
Shankar Thakur @ Shankar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, a 72‑year‑old man, applied for regular bail in a case registered under Sections 318(4), 338, 336(3) and 340(2) of the B.N.S., alleging that he was falsely implicated in a scheme to obtain appointments in the Railway Department by taking money and forging documents. The petitioner claimed innocence, lack of prior criminal record, and that the informant and co‑accused were themselves engaged in illegal activities. The State opposed the bail on the ground of the seriousness of the offences. The Court considered the petitioner’s advanced age, absence of antecedents, the nature of the allegations, and the fact that he had been in custody since July 2025. It ordered that bail be granted on furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, and the application was allowed.
Issues considered
- Whether regular bail should be granted to the petitioner despite charges under Sections 318(4), 338, 336(3) and 340(2) of the B.N.S.
- Whether the petitioner’s age, lack of criminal antecedent and claim of false implication justify bail.
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 340(2)
Subjects
- regular bail
- criminal procedure
- Sections 318, 338, 336, 340
- B.N.S.
- age factor
- no criminal antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10082 of 2026
Arising Out of PS. Case No.-576 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Shankar Thakur @ Shankar Sharma S/o Bhikhan Thakur Resident of Village-
Khanth chhapra, ward no 10 P.S.- Pipra, District- East Champaran Motihari
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari, Adv
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 28-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Hajipur Sadar P.S. Case
No. 576 of 2025 registered for the offences punishable under
Sections 318(4), 338, 336(3), 340(2) of the B.N.S.
3. As per the prosecution case, the petitioner took a
certain money from the informant and another ladies to facilitate
their appointment in Group D of Railway Department, the
petitioner came to be arrested and a certain documents were
recovered which were forged one.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that petitioner is an old
Patna High Court CR. MISC. No.10082 of 2026(3) dt.28-04-2026
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man aged about 72 years. Petitioner had never indulged himself
in such activities. Petitioner has been falsely implicated by the
informant and others. It has further been submitted that even if
the allegations are accepted to be proved although he denies the
same, it appears to be an immoral contract and the informant
and others were themselves engaged in giving money for illegal
gains. It has lastly been submitted that the petitioner has got no
criminal antecedent and is in custody since 18.07.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Hajipur Sadar P.S. Case No. 576 of
2025
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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