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Patna High Court

Hema KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The Patna High Court considered the bail application of Hema Kumari, who was named in an FIR for offences under Sections 420, 467, 468, 471, 120‑B and 34 of the Indian Penal Code for allegedly forging a marksheet to obtain a contract teaching post. The petitioner argued that she resigned from the service upon discovery of the allegations and has a clean antecedent. The State opposed the bail. The court, noting her clean antecedent and resignation, ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS. The bail order was directed to be complied with by the concerned court where the case is pending.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under Sections 420, 467, 468, 471, 120‑B and 34 IPC.
  • Whether the petitioner’s clean antecedent and voluntary resignation justify the grant of bail.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS are applicable.

Legislation cited

Subjects

  • bail
  • forgery
  • contract teaching appointment
  • clean antecedent
  • IPC sections 420,467,468,471,120-B,34
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28107 of 2026
                      Arising Out of PS. Case No.-678 Year-2025 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Hema Kumari W/o Sunil Kumar R/o - Sanjay Nagar, Road No.03, P.S -
                 Jakkanpur, Town And District - Patna, Bihar.
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pushpendra Priyedarshi
                 For the Opposite Party/s :       Mr.Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-05-2026                  Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending her arrest in connection with Jakkanpur P.S. Case

                   No. 678 of 2025 registered for the offences punishable under

                   Sections 420, 467, 468, 471, 120-B and 34 of the Indian Penal

                   Code.

                                3. As per FIR, petitioner obtained job on contract as

                   govt. teacher on the basis of the forged marksheet, where she

                   manipulated her marks to 393/500 which was 293/500.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that in this type of case on several

                   occasions accused persons were given benefit of amnesty

                   scheme. It is submitted that moment it came to the knowledge of

                   petitioner she resigned from the service. While concluding
               Patna High Court CR. MISC. No.28107 of 2026(2) dt.01-05-2026
                                                           2/2




                         argument it is submitted that petitioner is a lady of clean

                         antecedent.

                                       5. Learned APP opposes the prayer of bail.

                                       6. In view of aforesaid factual submission and by

                         taking note of fact as petitioner is a lady of clean antecedent,

                         accordingly petitioner above-named, in the event of his arrest or

                         surrender before the court below within a period of four weeks, is

                         directed to be released on bail,              furnishing bail bond of Rs.

                         10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of the learned ACJM-VIII,

                         Patna/concerned Court, where the case is pending in connection

                         with Jakkanpur P.S. Case No. 678 of 2025, subject to the

                         conditions as laid down under Section 438(2) of the Cr.P.C/

                         Section 482(2) of BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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