Patna High Court
Lakho DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail should be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Lakho Devi and Santosh Thakur, applied for anticipatory bail in a case alleging offences under Sections 316(5), 318(4), 338 and 3(5) of the B.N.S., where they were accused of withdrawing money from the Pradhan Mantri Awas Yojna by misusing beneficiaries' account numbers. The petitioners argued they have clean antecedents, the first petitioner is a senior citizen woman, and that the alleged withdrawal was a clerical error by the Awas Sahayak, later corrected by crediting the amount to the State Nodal Bank, as evidenced by a letter from the B.D.O. The State opposed the bail. The court, after considering the submissions, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite allegations under Sections 316(5), 318(4), 338 and 3(5) of the B.N.S.
- Whether the petitioners were falsely implicated and the alleged transaction was a clerical error
- Whether the conditions under Section 482(2) of the B.N.S.S. for anticipatory bail are satisfied
Legislation cited
Subjects
- anticipatory bail
- fraud
- Bihar
- B.N.S.
- Section 482
- clean antecedent
- senior citizen
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7110 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
1. Lakho Devi W/o Nagendra Singh R/o vill - Rampur Karigama, P.S.- Baheri,
Distt.- Darbhanga
2. Santosh Thakur S/o Kameshwar Thakur R/o vill - Rampur Karigama, P.S.-
Baheri, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Yadav
For the Opposite Party/s : Mr. Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 316(5), 318(4), 338 and 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and petitioner
no.1 is a senior citizen aged about 61 years and is a woman and
the informant alleges that accused persons including the
petitioners withdrew money from the Pradhan Mantri Awas
Yojna by scanning the account no of genuine beneficiaries and
also tampered with the record.
Patna High Court CR. MISC. No.7110 of 2026(3) dt.03-04-2026
2/3
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that the petitioners have not
withdrawn any money rather the same was credited in their
account on account of mistake committed by the Awas Sahayak
and when the petitioners were informed by the Awas Sahayak
about the mistake, the money was credited in the account of the
State Nodal Bank. It is submitted that the said fact also stands
recorded in the order impugned and is corroborated from
Annexure-3 to the supplementary affidavit, which is a letter of
the B.D.O. addressed to the D.D.C., Darbhanga recording
therein that the amount inadvertently credited in the account of
the petitioners stands credited with the Nodal Bank.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the anticipatory bail application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
Patna High Court CR. MISC. No.7110 of 2026(3) dt.03-04-2026
3/3
where the case is pending/successor Court in connection with
Baheri P. S. Case No.207 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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