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Patna High Court

Kaushalya Devi @ Koshalya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

Petitioner Kaushalya Devi sought anticipatory bail fearing arrest in a case registered under Sections 316(5), 318(4), 338 and 3(5) of the BNS, alleging that she was falsely implicated in a fraud involving the Pradhan Mantri Awas Yojna. She contended that the alleged withdrawal of funds was a clerical error by the Awas Sahayak, which was later corrected by crediting the amount to the State Nodal Bank. The State opposed the bail application. The Court, after considering the petitioner's clean antecedent, her gender, and the lack of concrete evidence of her participation, ordered that she be released on anticipatory bail if arrested or surrendered within six weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the allegations under Sections 316(5), 318(4), 338 and 3(5) of the BNS justify denial of bail.
  • Whether Section 482(2) of the BNSS can be invoked to impose conditions on anticipatory bail.

Legislation cited

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

Subjects

  • anticipatory bail
  • false implication
  • money fraud
  • Pradhan Mantri Awas Yojna
  • Section 482
  • bail conditions
  • women petitioner

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84983 of 2025
                      Arising Out of PS. Case No.-207 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Kaushalya Devi @ Koshalya Devi Son of Bhogi Singh @ Bhogi Sah 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 her 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 person with clean antecedent and is a woman 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
            Patna High Court CR. MISC. No.84983 of 2025(2) dt.10-02-2026
                                                        2/2




                      withdrawn any money rather the same was credited in her

                      account on account of mistake committed by the Awas Sahayak

                      and the moment Awas Sahayak informed the peititoner about the

                      mistake, the money was credited in the account of the State

                      Nodal Bank, as would manifest from Annexure-P/2 to the

                      anticipatory bail application.

                                   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 her arrest or surrender within a period of six weeks

                      from today, 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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