Patna High Court
Sheikh Shoyab @ Shekh SoyebversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The court confirmed the provisional bail because the petitioner had a clean antecedent, the State did not comply with the order to file a counter‑affidavit, and a similarly situated co‑accused had been granted regular bail.
Summary
The petitioner, Sheikh Shoyab, filed an application seeking confirmation of provisional bail granted on 03.12.2025. The State failed to comply with the court's order to file a counter‑affidavit. The petitioner asserted a clean antecedent and that his wife had deposited Rs. 2,53,625 in the Ward Implementation and Management Committee account to recover the alleged defalcation. The court noted that a co‑accused, Rabban Ali, in a similar case had been granted regular bail by a co‑ordinate bench. Considering the petitioner’s clean record, the State’s non‑compliance, the deposit of the disputed amount, and the precedent of regular bail to a similarly situated accused, the court confirmed the provisional bail. The application was consequently disposed of.
Issues considered
- Whether the provisional bail granted to the petitioner should be confirmed despite the State's failure to file a counter‑affidavit.
- Whether the petitioner’s clean antecedent and the deposit of the alleged defalcated amount justify confirmation of bail.
- Whether the grant of regular bail to a similarly situated co‑accused influences the decision on the petitioner’s bail.
Subjects
- bail
- provisional bail
- clean antecedent
- defalcated amount
- court order compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83172 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- TURKAULIYA District- East Champaran
======================================================
Sheikh Shoyab @ Shekh Soyeb S/o- Sheikh Ayub Village- Senwariya PO-
Turkauliya PS- Turkauliya Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-01-2026 Heard Mr. Vikash Kumar Shukla, learned counsel
for the petitioner as well as Mr. Suresh Prasad Singh, learned
Additional Public Prosecutor for the State.
2. It appears that the State has not complied with the
order dated 03.12.2025, by which the State was directed to file a
counter affidavit.
3. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The wife of the petitioner has
already deposited an amount of Rs. 2,53,625/- in the account of
Ward Implementation and Management Committee and
similarly situated co-accused person, namely, Rabban Ali has
been granted the privilege of regular bail by the co-ordinate
Bench of this Court vide order dated 08.01.2026 in Cr. Misc.
Patna High Court CR. MISC. No.83172 of 2025(3) dt.17-01-2026
2/2
No.72477 of 2025.
4. Considering the aforesaid facts that the petitioner
has clean antecedent and similarly situated co-accused person
has been granted the privilege of regular bail by the co-ordinate
Bench of this Court and wife of the petitioner has deposited the
defalcated amount in question, the provisional bail granted to
the petitioner vide order dated 03.12.2025 is hereby confirmed.
5. Accordingly, the present application is disposed of.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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