Patna High Court
Neelam KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender within four weeks and compliance with bail conditions.
Summary
Neelam Kumari was named in an FIR for alleged forgery of documents to obtain a government teaching post, invoking IPC sections 420, 467, 468, 471 and 120(B). She contended that the FIR was lodged without giving her a prior hearing and therefore sought anticipatory bail, emphasizing her clean antecedent and lack of departmental proceedings. The Vigilance Investigation Bureau admitted the documents were forged but also acknowledged the absence of a pre‑FIR hearing. The Court examined whether the procedural lapse justified denial of bail and considered the seriousness of the offences against the petitioner’s personal background. Balancing these factors, the Court ordered that she be released on bail if she surrenders within four weeks, upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when an FIR is lodged without prior hearing to the accused.
- Whether the petitioner’s clean antecedent and the nature of the alleged offences justify bail.
- Whether the procedural lapse of not hearing the accused invalidates the FIR.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(B), 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- government job
- procedural fairness
- clean antecedent
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10729 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- RASULPUR District- Saran
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Neelam Kumari W/O Kishwanath Singh, D//O MAHESH PRASAD
SINGH R/O VILLAGE- Nawada, P.S. - Rasulpur, DISTRICT- Saran
... ... Petitioner
Versus
1. The State of Bihar PATNA
2. The Vigilance Investigation Bureau PATNA
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
For the Vigilance : Mr.Arbind Kumar, Advocate
Mr.Paritosh Parimal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Rasulpur P.S.
Case No. 181 of 2025 registered for the offences punishable
under Sections 420, 467, 468, 471, 120(B) of the Indian
Penal Code.
3. The allegation against the petitioner is to obtain job
of government teacher on the basis of forged documents.
4. Learned counsel appearing on behalf of the
petitioner submitted that presuming the certificates of
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petitioner is correct, she could not avail the benefit of
amnesty scheme as approved by the Hon’ble Division Bench
of this Court. It is submitted that petitioner was not given any
opportunity of hearing before lodging the present FIR and, if
it was so, then certainly this FIR could not be lodged against
the petitioner. It is submitted that petitioner is a lady of clean
antecedent and till date no departmental proceeding was
initiated against her.
5. Learned counsel appearing on behalf of the
vigilance, while opposing the prayer of anticipatory bail of the
petitioner, submitted that upon verification the document
deposited by the petitioner found forged, however, it is
conceded that no opportunity of hearing was given to
petitioner prior to lodging the present FIR by department.
6. In view of the aforesaid factual submissions and by
taking note of nature of overall accusation against the
petitioner, who is a lady of clean antecedent, above-named
petitioner, in the event of her arrest/surrender within a period
of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
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only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-VI,
Saran at Chapra/concerned court in connection with Rasulpur
P.S. Case No. 181 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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