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2026 DAILYLAW 25237 (PAT)

Sheela Devi v. The State of Bihar

CR. MISC./21324/2026 · 2026-07-13

Shailendra Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21324 of 2026 Arising Out of PS. Case No.-378 Year-2023 Thana- KARPI District- Arwal ====================================================== Sheela Devi, Wife of Mahender Chaudhary, Resident of Village- Sahar Telpa, P.S.- Karpi, District- Arwal ... ... Petitioner/s Versus The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 5 13-07-2026 Heard the parties. 2. The petitioner apprehends her arrest in connection with Karpi (S. Telpa O.P.) P.S. Case No. 378 of 2023 registered for the offences punishable under Sections 409 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case, in brief, is that, during the inquiry, it was found that although a sum of 12,50,000 had ₹ been transferred to Ward Implementation and Management committee's account and 11,59,000 had been withdrawn, the ₹ value of the work executed by the erstwhile Ward Chairman, Rekha Devi and the erstwhile Ward Secretary, Sheela Devi, was assessed at only 6,15,612 by the Technical Assistant. ₹ Consequently, a sum of 5,43,388 was found to be recoverable, ₹ and the total amount directed to be refunded was stated to be Patna High Court CR. MISC. No.21324 of 2026(5) dt.13-07-2026 2/3 6,34,388, hence the FIR is lodged. ₹ 4. The main submissions advanced by petitioner’s counsel are that the petitioner is a lady and suffering from cancer disease and co-accused Rekha Devi, the then President of WIMC, has been granted the relief of anticipatory bail by a co- ordinate Bench of this Court vide order dated 10.07.2025 passed in Cr. Misc. No. 82626/2024. It is further submitted that the petitioner has fair and clean antecedent and the FIR of the present matter was lodged under political conspiracy. 5. On the other hand, learned APP appearing for the State submits that the petitioner is the main accused as she withdrew the alleged amount of Rs. 11,59,000/- sanctioned for the development work and from it, a large sum was misappropriated by her and the case of this petitioner does not stand on a similar footing to that of co-accused Rekha Devi who has been granted bail by a co-ordinate Bench of this Court. 6. Considering the seriousness of the allegation pertaining to misappropriation of huge amount of Government fund and taking note of the fact that it is an admitted position that the petitioner withdrew the alleged amount and during the course of argument the petitioner has not satisfied this Court regarding the completion of the Government work for which the alleged amount was sanctioned and further, the investigation is still Patna High Court CR. MISC. No.21324 of 2026(5) dt.13-07-2026 3/3 pending, in my opinion, it is not a fit case to grant the relief of anticipatory bail to the petitioner. Accordingly, her prayer stands rejected. annu/- (Shailendra Singh, J) U T