Patna High Court
Nirmala DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and specified conditions.
Summary
The petitioner, Nirmala Devi, sought anticipatory bail fearing arrest in a case registered under sections 316(2), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita for allegedly using a forged Madhyama Certificate to obtain employment as Vikas Mitra. The prosecution alleged that the forged certificate was used to secure an eleven‑month service appointment, leading to the FIR. The petitioner argued she had no prior criminal record and was no longer employed in the said position. The State opposed the bail. Considering the lack of antecedents and the petitioner’s circumstances, the Court granted anticipatory bail subject to a bond of Rs 10,000 and several conditions, including cooperation with investigation and non‑tampering with witnesses.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under sections 316(2), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita
- Whether the petitioner’s lack of criminal antecedent and cessation of employment justify the grant of anticipatory bail
- What conditions may be imposed on the anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 336(3), 338, 340(2)
Subjects
- anticipatory bail
- forgery
- false certificate
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29583 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- BHAIROGANJ District- West Champaran
======================================================
Nirmala Devi Wife of late Pappu Kumar Ram @ Late Pappu Kumar Resident
of village-Nara Parsauni ward no.03, Police Station-Bhairoganj, District-West
Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the State : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Bhairoganj P.S. Case No. 03 of 2026 registered
for the offence under Sections 316(2), 318(4), 338, 336(3) and
340(2) of the Bharatiya Nyaya Sanhita, lodged on 06.01.2026
by the informant, Sakshi Mishra.
3. As per the prosecution story, the allegation against
petitioner is of using forged Madhyama Certificate to enter into
eleven months service as Vikas Mitra. This led to the F.I.R.
4. Learned counsel for the petitioner submits that she
has already suffered as F.I.R. has been lodged against her and
has has no criminal antecedent.
5. Learned APP opposes the prayer.
Patna High Court CR. MISC. No.29583 of 2026(2) dt.06-05-2026
2/3
6. Taking into account the submissions of the parties
as also that she is no longer serving as Vikas Mitra, has no
criminal antecedent, in that background, this Court is inclined to
extend her the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class, Bagaha,
West Champaran, in connection with Bhairoganj P.S. Case No.
03 of 2026 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.29583 of 2026(2) dt.06-05-2026
3/3
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U
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