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Patna High Court

Shashikant Singh @ Shashikant Prasad @ Sharma @ Shashikant Prasad SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bond, sureties and cooperation conditions.

Summary

The petitioner, Shashikant Singh, a former Chairman of Darveshpura PACS, was implicated in an FIR concerning alleged misappropriation of rice from a Bihar State Food Corporation godown, invoking Sections 409 and 34 of the IPC. Although his name was not originally mentioned in the FIR, the investigation in 2019 linked him to the case, and he was later approached by police without having received any summons. The petitioner sought anticipatory bail, arguing his clean antecedent, lack of direct accusation, and that more than fifteen co‑accused had already been granted anticipatory bail by the same court. The State and BSFC opposed the relief but could not refute the precedent of bail to co‑accused. The court, applying Section 438(2) of the CrPC, granted anticipatory bail subject to a bond of Rs.25,000, two sureties, and a condition that the bail may be cancelled if the petitioner fails to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC despite his alleged involvement in offences under Sections 409 and 34 of the IPC.
  • Whether the grant of anticipatory bail to numerous co‑accused creates a binding precedent for the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC Section 409
  • IPC Section 34
  • rice theft
  • investigation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17011 of 2026
                  Arising Out of PS. Case No.-279 Year-2017 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Shashikant Singh @ Shashikant Prasad @ Sharma @ Shashikant Prasad
                 Sharma S/o Late Ram Prakash Singh R/o Village - Saidi, P.S - Katrisarai,
                 District - Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Bihar State Food Corporation (B.S.F.C), Nalanda at Biharsharif Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kishor Prasad
                 For the Opposite Party/s :      Mr. Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the BSFC.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 409/34 of

                   the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and was Chairman

                   of Darveshpura PACS. It is next submitted that from perusal of

                   the FIR, it would manifest that the same was instituted on behalf

                   of D.M., Nalanda in terms of Letter No.4076 dated 28.06.2017

                   wherein it was alleged that the State Food Corporation’s
Patna High Court CR. MISC. No.17011 of 2026(2) dt.08-04-2026
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          Godown, Nalanda was inspected and only 59279.50 quintal of

          C.M.R. was found instead of 76203.71 quintals as such,

          16768.50 quintal of rice was found missing and the rice which

          was found in the godown was also of compromised quality,

          thus, it was directed to lodge an FIR against Ranjit Kumar,

          Godown Superintendent-cum-A.G.M. and Abhay Kumar,

          Contractual Executive Assistant.

                       4. Learned counsel for the petitioner submits that

          petitioner is not named in the FIR and his name transpired

          during the course of investigation in the year 2019 but then the

          petitioner was not aware that he also came to be implicated in

          the instant case during course of investigation as he never

          received any summon nor police ever came to his place. It is

          next submitted that recently the police knocked the door of the

          petitioner but then petitioner was not present at his house and

          when his family members enquired that as to why the force has

          come to the house, when it was disclosed that name of the

          petitioner during the course of investigation transpired in the

          instant case. It is further submitted that during the course of

          investigation, it has come that accused persons including the

          petitioner provided the number of non-existent vehicle by which

          rice was carried.
Patna High Court CR. MISC. No.17011 of 2026(2) dt.08-04-2026
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                       5. Learned counsel for the petitioner submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that no suspicion even was raised against the petitioner

          except the named accused persons. It is also submitted that

          similarly situated co-accused have been granted the privilege of

          anticipatory bail by coordinate Bench of this Court in Cr. Misc.

          No.44788/2017 by an order dated 03.11.2017, further Ranjit

          Prasad also had moved before this Court seeking anticipatory

          bail by filing Cr. Misc. No.17843/2026 and the same came to be

          allowed by a learned Coordinate Bench by an order dated

          03.04.2026. It is further submitted that if privilege of

          anticipatory bail is granted, the petitioner may not abscond

          rather will cooperate in the investigation to prove his innocence.

          It is also submitted that more than 15 co-accused similarly

          situated like petitioner have been granted the privilege of

          anticipatory bail by different coordinate Bench of this Court.

                       6. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the BSFC opposes the prayer for

          anticipatory bail of the petitioner but then are not in a position to

          rebut the submission of the learned counsel appearing on behalf

          of the petitioner that more than 15 co-accused have been granted

          the privilege of anticipatory bail by different coordinate Bench
             Patna High Court CR. MISC. No.17011 of 2026(2) dt.08-04-2026
                                                         4/4




                       of this Court.

                                    7. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, in the

                       event of his arrest or surrender 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 Laheri P.S. Case No.279/2017, subject to the

                       conditions as laid down under Section 438 (2) of the Cr.P.C.

                                    8. Further, one of the bailors of the petitioner shall be

                       his cousin brother, namely, Sanjeev Kumar.

                                    9. However, it is made clear that in the event if the

                       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 co-operating in the

                       investigation in that event the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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