Created by Fuzzy Cloud

Patna High Court

Sweta KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner subject to stringent conditions, including proof of resignation and compliance with bail bond requirements.

Summary

Sweta Kumari, a Panchayat Teacher, was implicated in a case (Belhar P.S. Case No. 243/2025) for allegedly forging her experience certificate, leading to an FIR under IPC sections 420, 467, 468, 471 and 120(B). She submitted a resignation letter to the District Education Officer, Munger, claiming she had quit her post. The State questioned the authenticity of the resignation and highlighted her pending criminal case. The High Court, noting her gender, resignation, and the pending FIR, decided to grant anticipatory bail but imposed strict conditions, including submission of a certified resignation proof and compliance with bail bond requirements. Failure to meet these conditions would render the bail order ineffective.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged under the IPC.
  • Whether the resignation letter, produced without an affidavit, is sufficient to justify bail.
  • What conditions, if any, should be imposed on the grant of anticipatory bail in this circumstance.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • fake experience certificate
  • resignation
  • IPC sections 420, 467, 468, 471, 120(B)
  • CrPC Section 438
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11255 of 2026
                        Arising Out of PS. Case No.-243 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
                 Sweta Kumari Daughter of Chandra Shekhar Yadav Wife of Santosh Kumar
                 Yadav, R/o- Bhagi Chak, P.S.- Naya Ram Nagar, Dist.- Munger, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Narayan Kumar, Adv.
                 For the Opposite Party/s :       Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   17-06-2026                     Heard Mr. Surya Narayan Kumar, learned counsel

                   for the petitioner and for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Belhar P.S. Case No. 243/2025 for the offence registered

                   under sections 420, 467, 468, 471, 120(B) of the I.P.C. lodged

                   on 19.08.2025 by the informant, Lal Muhamad.

                                3. As per the prosecution story, in the light of CWJC

                   No. 15459 of 2014, the Vigilance Enquiry No. BS 08 of 2015

                   was initiated to verify the documents of the appointed teachers

                   when it was found that this petitioner, a Panchayat Teacher with

                   Primary School, Surahi, Belhar Block in the district of Banka

                   (presently working in Munger) is having fake experience

                   certificate. Accordingly, the F.I.R.

                                4. The matter was earlier adjourned by a Co-ordinate
Patna High Court CR. MISC. No.11255 of 2026(5) dt.17-06-2026
                                            2/4




          Bench on 01.04.2026 and learned counsel for the petitioner has

          produced a photocopy of the resignation letter to show that

          today itself, she has resigned and the resignation letter has been

          handed over to the District Education Officer, Munger.

                       5. Mr. Jitendra Kumar Singh raises suspicion on the

          said letter and submits that despite the matter pending since last

          four months, today, on 17.06.2026, when the case has been

          taken up, this letter has been produced without any affidavit and

          the veracity of the same has not been checked.

                       6. Learned Counsel for the petitioner, at this stage,

          submits that the petitioner herself has sent this letter to him

          which is being presented before the Court and she shall be

          procuring a certificate from the District Education Officer,

          Munger with regard to the submission that on 17.06.2026

          resignation letter has been sent and she has quit the service.

                       7. Though this Court finds force in the submission of

          learned State counsel and has also taken note of her criminal

          antecedent inasmuch as, one criminal case is pending against

          her, in view of the fact that she is a lady and has now resigned

          though belatedly on 17.06.2026, FIR is there, she will have to

          face the music, in that background, this Court is inclined to

          extend her relief.
Patna High Court CR. MISC. No.11255 of 2026(5) dt.17-06-2026
                                            3/4




                       8. However, it is made clear that at the time of

          execution of bail bond, she will have to submit a certificate duly

          issued by the District Education Officer, Munger to show that

          she has actually resigned and her resignation as a Teacher from

          Middle School, Jafarnagar Sadar, Munger has been accepted by

          the said office and not otherwise. If she fails to submit the

          certificate of the D.E.O, Munger, this order shall become

          infructuous.

                       9. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Court of Chief

          Judicial Magistrate, Banka/concerned Court in connection with

          Belhar P.S. Case No. 243/2025 subject to condition as laid

          down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial court and failure to do so for two consecutive
          Patna High Court CR. MISC. No.11255 of 2026(5) dt.17-06-2026
                                                      4/4




                    dates without plausible reason will entail cancellation of her bail

                    bond by the Trial court itself;

                                 (iii) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (iv) the petitioner shall desist from committing any

                    criminal offence again failing which the State shall be at liberty

                    to take steps for cancellation of the bail bonds.



                                                   (Rajiv Roy, J)
Vijay
Singh/Munindra
Kumar Sahu

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.