Patna High Court
Sweta KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120(B), 420, 467, 468, 471
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.