Patna High Court
Sujita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
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
2/3
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
Checking your session…