Patna High Court
Pratibha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Pratibha Kumari, was implicated in a FIR (Bibhutipur PS Case No.119 of 2025) for allegedly submitting a forged BTET certificate to obtain a Panchayat Teacher appointment in 2014, invoking IPC sections 420, 467, 468, 471 and 120B. She contended that the certificate was genuine, that there was no fraudulent intent, and that she had a clean antecedent, having been terminated only after the FIR was lodged eleven years later. The State and the Department of Vigilance opposed her request for anticipatory bail. The Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Securities Act, including a bail bond of Rs 10,000 with two sureties. The order emphasized that the bail conditions could be cancelled for non‑appearance, concealment of antecedents, or commission of a similar offence, and that the observations would not affect the trial. The prayer for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite the serious nature of the alleged offences
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate in the present case
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- anticipatory bail
- fake certificate
- Indian Penal Code
- Section 438 CrPC
- Section 482 B.N.S.S.
- vigilance department
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2662 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Pratibha Kumari Wife of Amardeep Chaudhary R/o Village - Parmanandpur,
P.O. - Sripur, P.S. - Cheriya Bariyarpur, Dist. - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Department of Vigilance, State of Bihar, Patna. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Rishu, Advocate
Mr. Mritunjay 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. 119 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
submitted a fake BTET certificate for her appointment as
Panchyat Teacher in 2014.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and she had in
fact submitted the certificate issued by the Bihar School
Examination Board and no irregularity was found at the time of
Patna High Court CR. MISC. No.2662 of 2026(2) dt.28-01-2026
2/3
her appointment. It has further been submitted that after almost
11 years the present FIR has been lodged against the petitioner
stating that her certificate is fake, which is false. It has next been
submitted that there are no ill intentions of the petitioner,
however, she has already been terminated in pursuance to the
lodging of the FIR. It has lastly been submitted that the
petitioner carries clean antecedent.
5. Learned counsel for the vigilance and learned APP
for the State have 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. 119 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.
Patna High Court CR. MISC. No.2662 of 2026(2) dt.28-01-2026
3/3
(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.
(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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