Patna High Court
Chanchala KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
Chanchala Kumari was charged in Ghosi Police Station Case No. 573 of 2025 for allegedly forging intermediate and CPED certificates to secure a teacher appointment, invoking IPC sections 420, 467, 468, 471 and 120(B). She contended that the certificates were obtained from a distance‑education program of N.S.P. before the institution was listed as unrecognised in 2022, and that she had no prior objections at the time of appointment. The State argued that she procured the appointment by fraud upon government authorities and opposed bail. The court noted her gender, clean antecedents, and termination from service, and considered the earlier order in C.W.J.C. No. 15459 of 2014 confirming the certificates as forged. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and a family member as one bailor.
Issues considered
- Whether bail should be granted to the petitioner despite charges of forgery and fraud under IPC sections 420, 467, 468, 471 and 120(B).
- Whether the timing of the institution's unrecognised status affects the validity of the petitioner’s certificates.
Legislation cited
- BNSS — s. 482(2)
Subjects
- bail
- forgery
- fraudulent appointment
- IPC 420
- IPC 467
- IPC 468
- IPC 471
- IPC 120B
- unrecognised educational institution
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2730 of 2026
Arising Out of PS. Case No.-573 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Chanchala Kumari, W/o Chandrashekhar Kumar Pandey R/o Village -
Tetariya, P.S - Pali, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate for the petitioner and
learned APP for the State.
2. The petitioner apprehends her arrest in
connection with Ghosi P.S. Case No. 573 of 2025 registered for
the offences punishable under Sections 420, 467, 468, 471 and
120(B) of the IPC.
3. Allegation against the petitioner is of procuring
the appointment on the post of Niyojit Teacher based upon
forged and fabricated Intermediate and CPED certificate.
4. Learned Advocate for the petitioner submits that
in pursuance of the order of this Court passed in C.W.J.C. No.
15459 of 2014, an enquiry was conducted and the certificates
duly submitted by the petitioner at the time of appointment has
been declared to be forged and fabricated. In fact, the petitioner is
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herself a victim of circumstances. Being a lady she took
admission in Senior Secondary Examination (10+2) and
Certificate of Physical Education under Distance Education
Programs in Nababharat Siksha Parishad (N.S.P.), India through
its affiliated College, namely, Mundrika Devi Damodar Mishra
College, Sitamarhi, Bihar. Having pursued the study, the
petitioner received the certificate and at the time of appointment
the same was duly verified and at no point of time objection has
been raised. It is further contended that from the FIR, it is evident
that the name of the institution from where the petitioner has
obtained certificate, is figured in the list of unrecognized
institution, but the said notice has been issued on 25.08.2022
whereas the petitioner obtained the certificate in the year 2007-
08. This fact has also not been considered by the investigating
officer. It is lastly submitted that petitioner is a woman having
fair antecedent, now terminated from her services.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submits that
petitioner has procured the appointment by committing fraud
upon Government Authorities.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and taking note of the
fact that the petitioner is woman having fair antecedent, has
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already been terminated from service, 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 four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Jehanabad in connection with
Ghosi P.S. Case No. 573 of 2025, subject to the condition as laid
down under Section 482(2) of the BNSS, with with further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
khushbu/-
U T
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