Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
Manju Devi, a beneficiary of the Pradhan Mantri Gramin Aawas Yojana, was named in an FIR for allegedly defalcating Rs 80,000 and was charged under Sections 316(5), 318(4) and 61(2) of the Bhartiya Nyaya Sanhita, 2023. She contended that she was merely a scheme beneficiary and not the sanctioning authority, and that similar co‑accused had already been granted anticipatory bail. The Additional Public Prosecutor opposed bail. The Court, noting her clean antecedent, the factual submission that she was not the sanctioning authority, and the precedent of bail to co‑accused, directed that she be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order was made effective if she is arrested or surrenders within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being charged under B.N.S. sections for alleged defalcation.
- Whether the petitioner’s role as a beneficiary, not a sanctioning authority, negates criminal liability.
- Whether the precedent of bail granted to similarly situated co‑accused applies.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 61(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- defalcation
- PMAY scheme
- beneficiary
- Bhartiya Nyaya Sanhita
- CrPC
- Bhartiya Nagrik Suraksha Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30144 of 2026
Arising Out of PS. Case No.-45 Year-2025 Thana- KORMA District- Sheikhpura
======================================================
Manju Devi, W/o Ramsagar Singh, R/o Gagaur, P.S.-Korma, Distt.-
Sheikhpura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending her arrest in connection with Shekhpura P.S.
Case No.45 of 2025 registered under Sections 316(5),
318(4) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 (in
short ‘B.N.S.’).
3. As per FIR, the petitioner being beneficiary of
“Pradhan Mantri Gramin Aawash Yojna” of Panapur and
Gagaur Panchayat under Ghatkusumbha Block has
defalcated money of Rs.80,000/- in two phases.
4. Learned counsel appearing for the petitioner
submitted that due to village politics, the petitioner has
Patna High Court CR. MISC. No.30144 of 2026(2) dt.11-05-2026
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falsely been implicated with present case. It is further
submitted that after due verification of the construction of
the house of the petitioner under PMAY scheme, the said
amount has been released in her favour. It is further
submitted that petitioner is the beneficiary of said scheme
and not the sanctioning authority. It is pointed out by
learned counsel that similarly situated co-accused persons
have already been granted anticipatory bail by different co-
ordinate Benches of this Court. The petitioner is a lady of
clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as petitioner is the beneficiary of said
scheme and not the sanctioning authority, coupled with the
fact that similarly situated co-accused persons have already
been granted anticipatory bail by this Court, accordingly, the
petitioner, above-named, in the event of her arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.30144 of 2026(2) dt.11-05-2026
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sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate-1st Class, Shekhpura in
connection with Shekhpura P.S. Case No.45 of 2025,
subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J)
Sanjeet/-
U T
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