Patna High Court
Lalsa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
Lassa Devi applied for anticipatory bail after being implicated in a case (Mirganj P.S. Case No.292 of 2025) alleging fraud under Sections 316 and 318 of the B.N.S. The prosecution alleges she collected weekly contributions from members of a women’s self‑help group, promised to deposit them in a bank, and misappropriated a loan of Rs.2 lakh obtained by the group. The petitioner contended she was innocent, highlighted a three‑month delay in filing the FIR, and claimed no evidence of the alleged collections. The State opposed the bail, emphasizing the seriousness of the fraud allegations. The court examined the gravity of the offence, the lack of material evidence, and the delay, and concluded that the seriousness warranted denial of anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 316 and 318 of the B.N.S.
- Whether the three‑month delay in lodging the FIR and absence of receipts justify granting bail
- Whether the alleged seriousness of the fraud offence precludes anticipatory bail
Legislation cited
- B.N.S. — s. 316, 318
Subjects
- anticipatory bail
- fraud
- self‑help group
- usurpation of funds
- Sections 316, 318 B.N.S.
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10870 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Lalsa Devi D/o Late Ramanand Chaudhary Ro village- Pipra khaas, PS-
Mirganj, Dist- Gopalganj Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Shekhar Pandey, Adv.
For the Opposite Party/s : Ms.Rina Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Mirganj P.S. Case No.292 of 2025, registered for the
offence under Sections 316, 318 of the B.N.S.
3. Prosecution story in brief is that Lalsa Devi met
with some illiterate women and encourage them to form
Shankar Jeevika Women Self Help Group. After forming group,
Kavita Devi was made Chairman. Further Lalsa Devi used to
take Rs. 10 per week from each member of the group and told
them that she deposit the money in bank. She also assisted in
opening account on the name of group in SBI. Thereafter, the
said self help group got a loan amount of Rs 2 lacs from SBI,
which they received and gave it to Lalsa Devi to deposit the
money. Further Lalsa Devi through fraud and deceit did not
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deposit the said amount in the bank nor she give the said amount
to member of the self help group. She usurped the said amount
of self help group.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that there is delay of around three
months in lodging of the FIR. Further submits that there is no
any receipt pertaining to the collection of Rs.10/- from the
members of the said Self-Help Group nor is there any material
available on record, which could show that Rs.10/-was ever
collected from the members in the name of Self-Help Group.
Learned counsel for the petitioner next submits that petitioner
has nothing to do with the alleged sum of Rs.2,00,000/- as the
petitioner is not involved in the possession of any such money at
any point of time and it is only at the instance of the local
village politics.
5. The learned APP opposes the anticipatory bail
application.
6. It is alleged that Lalsa Devi met the other eleven
ladies including the petitioner and encouraged them to form
Shankar Jivika Women Self Help Group. After forming the
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group, Kavita Devi was made the Chairperson. It is further
alleged that Lalsa Devi i.e. the petitioner used to take Rs.10/-
per week from each member of the group and told them that she
would deposit the money in Bank. She also alleged to have
assisted in opening bank account on the name of Group in State
Bank of India. It is further alleged that thereafter the Self Help
Group got a loan amount from SBI, which was received and
given to the petitioner i.e. Lalsa Devi to deposit the money. It is
further alleged that Lalsa Devi through fraud and receipt did not
deposit the said amount in the Bank nor did she give the said
amount to member of the Self Help Group. She is said to have
usurp the said amount of the Self Help Group.
8. Considering the seriousness of the allegation and
nature of the offence committed by the petitioner, this Court is
not inclined to grant the privilege of anticipatory bail to the
petitioner.
9. Accordingly, the anticipatory bail application is
rejected.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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