Created by Fuzzy Cloud

Patna High Court

Shekhar Thakur @ Shekhar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted to the petitioner on the basis of clean antecedent, lack of direct involvement, and parity with a co‑accused who had already received bail.

Summary

The petitioner, Shekhar Thakur, a staff member of a Life Insurance Corporation (LIC) agent, feared arrest in a case alleging embezzlement of Rs.26,57,348 under IPC sections 420, 467, 468, 471, 34 and IT Act sections 65, 66C, 66D. The alleged fraud involved office boys and employees of the LIC Raxaul branch, of which Rs.26,17,348 had been recovered and the remaining Rs.50,000 was deposited by co‑accused Prem Kishore Singh, who had already obtained anticipatory bail. The petitioner contended that he was implicated only on suspicion, was not an authorized LIC employee, had no criminal antecedent, and was willing to cooperate with the investigation. The State opposed the bail application. Considering the clean record, the nature of the allegations, and the precedent of bail to a similarly situated co‑accused, the court granted anticipatory bail to the petitioner, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations under IPC and IT Act.
  • Whether mere suspicion and lack of direct involvement justify bail.
  • Whether the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita apply to the bail order.

Legislation cited

Subjects

  • anticipatory bail
  • embezzlement
  • cyber crime
  • IPC
  • IT Act
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24087 of 2026
                    Arising Out of PS. Case No.-42 Year-2024 Thana- Cyber P.S. District- East Champaran
                 ======================================================
                 Shekhar Thakur @ Shekhar Kumar Son of Visheshwar Thakur Resident of
                 Village - Jhikati, P.S. - Kubthni Fulwariya, Dist. - Muzaffarpur.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amish Kumar, Advocate
                 For the Opposite Party/s :         Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                            Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 420, 467, 468, 471, 34 of the Indian

                   Penal Code and Sections 65, 66C and 66D of the Information

                   Technology Act.

                                    3. It is alleged that the accused persons who are

                   office boys, agents and employees of Life Insurance

                   Corporation of India, Raxaul Branch, including the petitioner

                   are involved in embezzlement of Rs.26,57,348/- out of which

                   Rs.26,17,348/- has been recovered.

                                    4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is the staff of the L.I.C. agent,

                   namely, Prem Kishore Singh. Further submission is that L.I.C.
Patna High Court CR. MISC. No.24087 of 2026(2) dt.17-04-2026
                                            2/3




          Agent, namely, Prem Kishore Singh has already deposited the

          remaining amount of Rs.50,000/- with the L.I.C. Co-accused

          Prem Kishore Singh has already been granted anticipatory bail

          by a Co-ordinate Bench of this Court vide order dated

          21.01.2026 passed in Cr. Misc. No. 74410 of 2025. He next

          submits that petitioner has been implicated in this case only on

          suspicion as he is the staff of co-accused Prem Kishore Singh.

          Petitioner is neither an employee of L.I.C. nor an authorized

          person to deal with policy holders’ bank accounts. Petitioner has

          got no criminal antecedent and he undertakes to cooperate in the

          investigation and trial.

                       5. Learned A.P.P. for the State opposed the prayer for

          bail.

                       6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, nature

          of allegation, clean antecedent of the petitioner and the fact that

          similarly situated co-accused person has been granted

          anticipatory bail, let the above named petitioner be released on

          bail, in the event of arrest or surrender before the learned court

          below within a period of six weeks from today, on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned
            Patna High Court CR. MISC. No.24087 of 2026(2) dt.17-04-2026
                                                        3/3




                      Chief Judicial Magistrate, Motihari, East Champaran in

                      connection with Motihari Cyber P.S. Case No. 42 of 2024,

                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.