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Patna High Court

Jago DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to the conditions stipulated under Section 482(2) of the BNSS.

Summary

The petitioner, Jago Das, a 65‑year‑old senior citizen with a clean record, was implicated in a case (PS Baheri Case No. 207/2025) alleging offences under Sections 316(5), 318(4), 338 and 3(5) of the BNS, related to alleged fraud in the Pradhan Mantri Awas Yojana. He contended that the money was mistakenly credited to his account by an Awas Sahayak and was subsequently transferred to the State Nodal Bank, asserting he had no role in the alleged fraud. The petitioner applied for anticipatory bail, arguing his senior status and lack of culpability. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition of furnishing a bail bond of Rs 10,000 with two sureties, subject to the provisions of Section 482(2) of the BNSS. The order was pronounced by Justice Satyavrat Verma on 10‑02‑2026.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences under the BNS.

Legislation cited

  • BNS — s. 316(5), 318(4), 338, 3(5)
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • senior citizen
  • false implication
  • Pradhan Mantri Awas Yojana
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84912 of 2025
                      Arising Out of PS. Case No.-207 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Jago Das Son of Kripal Das Resident of Village - Chakka, Police Station -
                 Baheri, District - Darbhanga.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 316(5),

                   318(4), 338 and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a senior citizen aged about 65 years and is a person

                   with clean antecedent and the informant alleges that accused

                   persons including the petitioner withdrew money from the

                   Pradhan Mantri Awas Yojna by scanning the account number of

                   genuine beneficiaries and also tampered with the records.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that the petitioner has not

                   withdrawn any money rather the same was credited in his account
            Patna High Court CR. MISC. No.84912 of 2025(2) dt.10-02-2026
                                                        2/2




                      on account of mistake committed by the Awas Sahayak and when

                      he was 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. It is also submitted that petitioner is a senior citizen and

                      has remained a person with clean antecedent and on account of

                      mistake committed by Awas Sahayak, the amount was credited in

                      his account and the moment he came to know the money was

                      credited in the State Nodal Bank.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, let the petitioner above-named, in the

                      event of his arrest or surrender within a period of six weeks be

                      released on anticipatory bail on furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned trial court where the

                      case is pending/Successor Court in connection with Baheri P.S.

                      Case No. 207 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the BNSS.


                                                              (Satyavrat Verma, J)
Rishabh/-
U      T


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