Patna High Court
Anu deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Anu Devi, a widowed mother of an accused, was implicated in a case (PS Motihari Case No.940 of 2025) for allegedly forging a school transfer certificate to claim her son was a juvenile. The FIR alleged offences under Sections 318(4), 338, 336(3) and 61(2) of the Bharatiya Nyaya Sanhita. The petitioner contended she is illiterate, had no knowledge of the document’s authenticity, and merely submitted a photocopy of the certificate kept in her son’s file. The school headmaster testified that no such student was ever enrolled, supporting the allegation of forgery. The State opposed bail, but the Court, considering her illiteracy, lack of criminal antecedents and the possibility of non‑intentional wrongdoing, granted bail with a bond of Rs.10,000 and several conditions under Section 482(2) of the BNSS. The order directs her to appear before the trial court and imposes restrictions on tampering with evidence or witnesses.
Issues considered
- Whether the petitioner, Anu Devi, is entitled to bail despite the serious charges of forgery and related offences under the BNSS
- Whether the petitioner’s illiteracy and lack of intent negate the presumption of culpability for the alleged forgery
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 338, 482(2), 61(2)
Subjects
- bail
- forgery
- juvenile status
- transfer certificate
- illiterate petitioner
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- Section 318
- Section 336
- Section 338
- Section 61
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11311 of 2026
Arising Out of PS. Case No.-940 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Anu devi Wife of Late Gopal Srivastawa @ Gopal Prasad Resident of village
- Rajabazar West Gopalpur, Ward No. 33, Ps- Motihari town, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending her arrest in
connection with Town Motihari P.S. Case No.940 of 2025,
registered for the offence punishable under Sections 318(4),
338, 336(3), 61(2) of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the informant reported that the
petitioner submitted an affidavit claiming her son to be a
juvenile and relied on a transfer certificate showing his date of
birth as 22.07.2008. Upon verification, the Headmaster of
Government Middle School, Lalbegiya produced the
enrollment register and confirmed that no such student was
ever enrolled and the certificate details did not match official
records.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.11311 of 2026(3) dt.01-04-2026
2/4
the petitioner is innocent and has been falsely implicated in this
case. It is submitted that the petitioner is the mother of Harsit
Srivastava, an accused in Town Motihari P.S. Case No. 306 of
2024, and it is the case of the petitioner that the certificate
which was produced before the Council for claiming juvenility
was kept in the file of her son, Harsit Srivastava. The petitioner
has only produced a photocopy of the transfer certificate
purportedly issued by Government Middle School, Lalbegiya.
It is submitted that there was no intention on the part of the
petitioner to commit any forgery or to use a forged document as
genuine. It is further submitted that the Headmaster of the said
school appeared before the Council and produced the
enrollment register (2019-21), wherein it was revealed that no
student by such name was ever enrolled in the said school. It is
further submitted that the petitioner is an illiterate widow lady
and had no knowledge about the genuineness of the said
document. Lastly, it is submitted that the petitioner has no
criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that the petitioner is an
illiterate widow lady and had no knowledge about the
Patna High Court CR. MISC. No.11311 of 2026(3) dt.01-04-2026
3/4
genuineness of the document in question, let the above named
petitioner, be released on bail, in the event of her arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
East Champaran/ Successor Court in connection with Town
Motihari P.S. Case No.940 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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(s) shall desist from committing any
Patna High Court CR. MISC. No.11311 of 2026(3) dt.01-04-2026
4/4
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
Checking your session…