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Patna High Court

Shibu Thakur @ Shiv ThakurversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Shibu Thakur was arrested in connection with a case registered under Sections 409, 420 and 120(B) of the Indian Penal Code, alleging that he caused the transfer of Pradhanmantri Awas Yojana funds into the account of the complainant's wife, who subsequently withdrew the money. The petitioner contended that the funds were transferred to the husband's account and that the wife, as part of the marital unit, withdrew them, asserting no criminal fault on his part. He also highlighted that a similar dispute between a husband and wife had resulted in bail being granted to Savita Devi in Cr. Misc. No. 84048 of 2025, and pointed out his clean record and custody since 10‑12‑2025. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the Court found the circumstances warranted regular bail and ordered the petitioner released on a bond of Rs.10,000 with two sureties, subject to the Sub‑Divisional Judicial Magistrate’s satisfaction.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under Sections 409, 420 and 120(B) of the IPC.
  • Whether the dispute over the transferred funds constitutes a civil matter between husband and wife, affecting bail considerations.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • cheating
  • misappropriation of property
  • criminal conspiracy
  • husband-wife dispute
  • Pradhanmantri Awas Yojana

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9999 of 2026
                   Arising Out of PS. Case No.-402 Year-2024 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Shibu Thakur @ Shiv Thakur S/o Kapildeo Thakur Resident Of Village-
                 Belsandi Dih, Ps- Bibhutipur, Dist- Samastipur, Rural Awas Assistant,
                 Panchayat Raj Bibhutipur, P.s.- Bibhutipur, Distt.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 409, 420,

                   120(B) of the Indian Penal Code.

                                3. The case of the prosecution, in short, is that amount

                   of Pradhanmantri Awas Yojana was received in the account of

                   complainant’s wife. The case of the complainant is that due to

                   fault of this petitioner the amount transferred in the account of

                   complainant’s wife who has remarried someone.

                                4. Learned counsel for the petitioner submits that as

                   the husband and wife are single unit, the cash was transferred in

                   the account of husband but the wife has withdrawn the cash
            Patna High Court CR. MISC. No.9999 of 2026(2) dt.09-02-2026
                                                        2/2




                      from the account of her husband. There is no fault on the part of

                      the petitioner. It has further been submitted that Savita Devi has

                      been granted bail by this Court in Cr. Misc. No. 84048 of 2025

                      holding that this dispute is between husband and wife. Learned

                      counsel for the petitioner has further submitted that the

                      petitioner is having no criminal antecedent and is in judicial

                      custody since 10.12.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Bibhutipur P.S. Case No. 402 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Sub-Divisional Judicial

                      Magistrate, Rosera, District-Samastipur.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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