Patna High Court
Nibha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond, sureties and compliance with Section 482(2) of the BNSS.
Summary
Nibha Kumari, a teacher with a clean record, was implicated in a FIR alleging offences under Sections 420, 467, 468, 471 and 120B of the IPC, based on an informant’s claim that she secured her appointment using a forged marksheet. She argued that she was not given a show‑cause notice before the FIR was lodged and that the allegations were false. The State opposed her request for anticipatory bail. The Court, after hearing both sides, held that the petitioner could be released on anticipatory bail if she surrenders within six weeks, provided she furnishes a bail bond of Rs.10,000 with two sureties and complies with conditions under Section 482(2) of the BNSS. The order was made subject to the trial court’s satisfaction.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
- Whether the petitioner’s rights were violated by the registration of FIR without a prior show‑cause notice.
Legislation cited
- Bihar Negotiable Instruments (or relevant) Act — s. 482(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- anticipatory bail
- IPC offences
- forgery
- procedural fairness
- show‑cause notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42688 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- SONO District- Jamui
======================================================
Nibha Kumari W/O Late Suresh Singh, D/O Ramnaresh Singh Resident of
village- Kewali, PS- Sono, Distt.- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Inspector cum Inquiry Officer of Vigilance, Investigation, Bureau, 6 Circular
Road,Patna Post- G.P.O., P.S.- Rajbanshinagar, Dist.- Patna- 800001
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
Mr. Arvind Kumar, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned Spl. PP for the Vigilance, Sri
Arvind Kumar.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 420, 467,
468, 471, 120B of the IPC.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
the informant alleges that petitioner was appointed as teacher
based on forged marksheet.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.42688 of 2026(2) dt.09-07-2026
2/2
informant. It is next submitted that prior to institution of the
instant FIR, no show-cause notice was given to the petitioner to
explain her side of the case, it is further submitted that had a
show-cause been issued to the petitioner, perhaps the instant FIR
would not have been instituted. It is also submitted that DPO
has already directed for terminating the services of the
petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Sono P.S. Case No. 62 of 2026, subject to the conditions as
laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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