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Patna High Court

Sujita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Sujita Kumari, was implicated in a case (Bibhutipur P.S. Case No. 116 of 2025) alleging that she used a fake mark‑sheet to obtain a primary school teaching appointment, attracting charges under IPC sections 420, 467, 468, 471 and 120B. She contended that she had submitted a genuine BETET certificate issued by the Bihar School Examination Board, had a clean antecedent and was being falsely implicated after 13 years of service. The State opposed her application for anticipatory bail. The Court, after considering the facts and submissions, granted anticipatory bail subject to conditions including a bail bond of Rs 10,000 with two sureties, personal appearance at each trial date, and provisions for cancellation on breach or concealment of antecedents. The order was made under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S., and the Court clarified that its observations would not affect the trial. The prayer for anticipatory bail was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite allegations of forgery and cheating under IPC sections 420, 467, 468, 471 and 120B.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • cheating
  • IPC sections 420 467 468 471 120B
  • CrPC Section 438
  • B.N.S.S Section 482
  • primary school teacher appointment
  • fake mark‑sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2605 of 2026
                   Arising Out of PS. Case No.-116 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Sujita Kumari, D/O Yogendra Singh,W/O Dashrath Das R/O Village and Post
                 - Malpur Chakyadu, P.S - Khodawandpur/ Khudabandpur, Distt.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Bibhutipur P.S. Case No. 116 of 2025 registered for the offences

                   under Sections 420, 467, 468, 471, 120B of the Indian Penal

                   Code.

                                3. The allegation against the petitioner is that she had

                   used a fake mark-sheet to gain appointment as a primary school

                   teacher.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case and she had

                   not submitted any document which was fake, in fact, she had

                   submitted the BETET certificate as given to her by the Bihar

                   School Examination Board and without proper inquiry, the
Patna High Court CR. MISC. No.2605 of 2026(2) dt.28-01-2026
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          petitioner has been singled out after more than 13 years of her

          appointment. It has lastly been submitted that the petitioner shall

          cooperate in the investigation and she has clean antecedent.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

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

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Bibhutipur P.S. Case No. 116 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioner will be liable to be cancelled by the Court
                          concerned.
              Patna High Court CR. MISC. No.2605 of 2026(2) dt.28-01-2026
                                                          3/3




                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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