Patna High Court
Nitu RaniversusThe Addl. Director of Police, the Vigilance Investigation Bureau, Bihar, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to verification of her dismissal from service and compliance with stipulated conditions.
Summary
The petitioner, Nitu Rani, was implicated in a vigilance inquiry alleging that she secured a primary teacher appointment by using a forged BTET mark sheet, leading to a criminal case under IPC sections 420, 467, 468, 471 and 120(B). She applied for anticipatory bail, asserting she has a clean antecedent and that she was dismissed from service based on the forged certificate. The respondent Vigilance opposed the bail, contending that no dismissal had been recorded. The Court, noting the dismissal claim, granted anticipatory bail subject to verification of the dismissal and several conditions, including a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the CrPC. The order also imposed conditions on appearance, non‑tampering with witnesses, and cancellation of bail for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged forgery and IPC offences.
- Whether the petitioner’s alleged dismissal from service must be verified before bail is finalized.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- teacher appointment
- IPC sections 420 467 468 471 120B
- vigilance inquiry
- dismissal from service
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15463 of 2026
Arising Out of PS. Case No.-185 Year-2022 Thana- BANMANKHI District- Purnia
======================================================
Nitu Rani Daughter of Sri Upendra Narayan Yadav, Wife of Sri Vikash Kumar
Resident of Village- Burhi, P.S.- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
1. The Addl. Director of Police, the Vigilance Investigation Bureau, Bihar,
Patna Bihar
2. The Superintendent of Police, the Vigilance Investigation Bureau, Bihar,
Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Adv.
For the Vigilance : Mr.Arvind Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Banmankhi P.S. Case No. 185 of 2022 dated 11.06.2022
registered for the offence punishable under Section/s 420, 467,
468, 471 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, in course of vigilance
inquiry conducted pursuant to an order of the Patna High Court
to verify the credentials of appointed teachers, it was alleged
that the petitioner secured her appointment as a primary teacher
in Panchayat Mohania Chakla, District Purnea, by using a
forged BTET mark sheet purportedly issued by BSEB, Patna.
4. Learned counsel for the petitioner submits that by
Patna High Court CR. MISC. No.15463 of 2026(2) dt.12-03-2026
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unilaterally declaring the certificate of the petitioner to be
forged, the instant vigilance case is said to have been registered
in which the petitioner is absconding. It is next submitted that
on the report of the Vigilance, the petitioner, who was appointed
as a Panchayat Teacher in the year 2014, got dismissed from
service after eight years in the year 2022. Lastly, it is submitted
that the petitioner is a person of clean antecedent.
5. Mr. Arvind Kumar, appearing on behalf of the
Vigilance, submits that from the record, it does not appear that
the petitioner has been dismissed from service and, on this
score, he opposes the prayer for grant of anticipatory bail of the
petitioner.
6. Considering the fact that on the basis of declaration of
the document being forged, the petitioner has already been
dismissed from service, this Court is inclined to grant privilege
of anticipatory bail to the petitioner but, with a condition that at
the time of furnishing bail bond, the learned court below shall
verify from the records with regard to dismissal of the petitioner
from service and if the submission of the counsel for the
petitioner is found to be incorrect then the bail bonds of the
petitioner shall not be accepted.
7. Accordingly, let the petitioner, above named, be
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released on anticipatory bail in the event of her arrest or
surrender before the court below within a period of four 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 learned Additional Chief Judicial Magistrate-I,
Purnea in connection with Banmankhi P.S. Case No. 185 of
2022, subject to the condition as laid down under Section 482(2)
of the B.N.S.S. 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 her 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;
(Ajit Kumar, J)
rishi/-
U T
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