Patna High Court
Radha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail should be granted as the petitioners had no role in the alleged fraud and the money was corrected to the State Nodal Bank.
Summary
The petitioners, four residents of Nimaithi village, feared arrest in a case alleging fraud under Sections 316(5), 318(4), 338 and 3(5) of the B.N.S., 2023, where they were accused of withdrawing money from the Pradhan Mantri Awas Yojana by misusing beneficiaries' account numbers. They contended that they have clean antecedents, that the alleged withdrawal was a clerical error by an Awas Sahayak, and that the funds were subsequently credited to the State Nodal Bank. The State opposed their anticipatory bail application. The court examined the claim that the petitioners had no actual involvement in the fraud and that the mistake had been rectified. Relying on Section 482(2) of the B.N.S.S., the court ordered anticipatory bail, subject to a bond of Rs.10,000 and two sureties per petitioner. The bail order was conditioned on compliance with the trial court’s directions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 316(5), 318(4), 338 and 3(5) of the B.N.S., 2023.
- Whether the petitioners were falsely implicated in the alleged fraud involving the Pradhan Mantri Awas Yojana.
Legislation cited
- B.N.S., 2023 — s. 316(5), 318(4), 338, 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- false implication
- financial fraud
- Pradhan Mantri Awas Yojana
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91415 of 2025
Arising Out of PS. Case No.-207 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
1. Radha Kumari D/o Arun Kumar @ Arun Kumar Singh Resident of Village-
Nimaithi, Ward No.3, P.S.- Baheri, Dist- Darbhanga
2. Pramod Kumar Lal Son of Chandra Shekhar Lal Resident of Village-
Nimaithi, Ward No.3, P.S.- Baheri, Dist- Darbhanga
3. Ram Chandra Sah @ Ram Chandra Sah @ Ram Chandar Sah Son of Bhogi
Sah Resident of Village- Nimaithi, Ward No.3, P.S.- Baheri, Dist- Darbhanga
4. Chandeshwar Yadav @ Chandesar @ Chandewar Yadav Son of Mahavir
Yadav Resident of Village- Nimaithi, Ward No.3, P.S.- Baheri, Dist-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case registered
for the offences punishable under Sections 316(5), 318(4), 338 and
3(5) of B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.1 is
a woman. It is next submitted that informant alleges that accused
persons including the petitioners have withdrawn money from
Pradhan Mantri Awas Yojana by scanning the account number of
genuine beneficiaries and also tampered with the records.
Patna High Court CR. MISC. No.91415 of 2025(2) dt.09-01-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is next submitted that 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
they were informed by the Awas Sahayak about the mistake, the
money was credited in the account of State Nodal Bank.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions that the petitioners have
credited the amount in the account of State Nodal Bank, let
petitioners, above-named, in the event of their arrest or surrender
before the learned trial court within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each 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 B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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