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Patna High Court

Nirmala DeviversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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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