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Patna High Court

Santi Devi @ Shanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties, under Section 482(2) of the CrPC.

Summary

The petitioner, Santi Devi, was named in an FIR for alleged cheating and criminal breach of trust under IPC sections 420, 409 and 34, stemming from her withdrawal of Rs. 80,000 under the Pradhan Mantri Awas Yojana despite having already received Rs. 45,000 under the Indira Awas Yojana. She contended that she was unaware of the prohibition on receiving benefits from both schemes and subsequently returned the entire amount to the government via NEFT. The learned counsel highlighted her clean antecedent and the restitution of the funds, seeking bail. The State opposed the bail application. The High Court, considering the restitution, her character, and the provisions of Section 482(2) of the Code of Criminal Procedure, ordered her release on bail with a bond of Rs. 10,000 and two sureties, subject to the conditions laid down by the lower court.

Issues considered

  • Whether bail should be granted to a petitioner charged under IPC sections 420, 409 and 34 for alleged cheating and breach of trust.
  • Whether the return of the improperly obtained amount and the petitioner's clean antecedent justify the grant of bail.
  • Whether Section 482(2) of the Code of Criminal Procedure can be invoked to conditionally release the petitioner.

Legislation cited

Subjects

  • bail
  • IPC 420
  • IPC 409
  • IPC 34
  • double benefit scheme
  • return of funds
  • clean antecedent
  • Section 482 CrPC
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89991 of 2025
                     Arising Out of PS. Case No.-659 Year-2020 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Santi Devi @ Shanti Devi Wife of Ram Naresh Mahto Resident of Village -
                 Gorigawan, P.S.- Saraiya, Distt.- Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sumit Jha
                 For the Opposite Party/s :        Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard the parties.

                                2. Necessary correction be made in prayer

                   and satisfaction portion during the course of the day

                   itself.

                                3. The petitioner is named in the F.I.R. and

                   apprehending her arrest in connection with Saraiya

                   P.S. Case No. 659 of 2020 registered for the offences

                   punishable under Sections 420, 409, 34 of the Indian

                   Penal Code.

                                4.     Petitioner        alleged         to    withdraw          Rs.

                   80,000/- under Pradhan Mantri Awas Yojna whereas

                   she already received Rs. 45,000/- under Indira Awas

                   Yojna.

                                5.    It      is   submitted        by     learned        counsel
Patna High Court CR. MISC. No.89991 of 2025(2) dt.17-02-2026
                                            2/3




          appearing on behalf of the petitioner that petitioner

          withdraw the amount as she was not aware about

          the fact that she cannot avail the Yojna as she

          already availed the benefit of earlier Awas Yojna and

          resulting the same the petitioner returned the

          amount of government treasury through NEFT (as

          per Annexure P/2). While concluding argument, it is

          submitted          that     petitioner        is     a   lady   of   clean

          antecedent.

                       6. Learned APP opposes the prayer of bail.

                       7. In view of aforesaid factual submission

          and by taking note of fact as amount received by

          petitioner already returned, accordingly petitioner

          above-named, in the event of his arrest or surrender

          before the court below within a period of four weeks,

          is directed to be released on bail,                       furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of

          the learned District and Addl. Sessions Judge 11 th ,

          Muzaffarpur /concerned Court, where the case is

          pending in connection with Saraiya P.S. Case No. 659

          of 2020, subject to the conditions as laid down under

          Section 482(2) of BNSS.
            Patna High Court CR. MISC. No.89991 of 2025(2) dt.17-02-2026
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                                                              (Chandra Shekhar Jha, J)
Sudha/-
U       T


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