Patna High Court
Shekhar Thakur @ Shekhar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 34, 420, 467, 468, 471
- Information Technology Act — s. 65, 66C, 66D
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
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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
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