Patna High Court
Shibu Thakur @ Shiv ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 120(B), 409, 420
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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