Patna High Court
Bina KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner, being a woman with serious health issues, shall be released on bail upon furnishing the prescribed bond and sureties, subject to the conditions of Sections 438(2) Cr.P.C. and 482(2) BNSS.
Summary
Bina Kumari, a middle school teacher, was named in an FIR for alleged forgery of her matriculation certificate and mark‑sheet to obtain a government teaching post, facing charges under IPC sections 420, 120B, 467, 468 and 471. She contended that the original documents were genuine, that she had lost them and applied to the Bihar School Examination Board for certified copies, and asserted that there was no alteration in her marks. The Vigilance Department and the Board countered that she had not passed the matriculation exam, having secured only 347 marks, thereby supporting the FIR. The petitioner also highlighted serious health problems, submitting medical evidence. The court, considering her health and the principle of bail, ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite charges of forgery and criminal conspiracy under IPC sections 420, 120B, 467, 468 and 471.
- Whether the allegations of forged certificates are substantiated by the evidence presented by the Vigilance Department and the Bihar School Examination Board.
- Whether the petitioner’s health conditions justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 120-B, 420, 467, 468, 471
Subjects
- bail
- forgery
- false documents
- IPC sections 420, 120B, 467, 468, 471
- health issues
- teacher recruitment
- vigilance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69369 of 2024
Arising Out of PS. Case No.-152 Year-2022 Thana- LAKHNAUR District- Madhubani
======================================================
Bina Kumari, D/o Gopi Nath Mishra, W/o Subodh Choudhary, Resident of
Mohalla-Bhatiyari Sari (Donar Dighi-South), P.S.- Darbhanga Town, District-
Darbhanga, At present posted as Teacher, Middle School, Kaithiniya, P.S.-
Lakhanour (R.S.O.P), Distt.- Madhubani
... ... Petitioner
Versus
1. The State of Bihar
2. Vigilance Department, Government of Bihar, Patna
3. Bihar School Examination Board, Patna
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Navin Kumar Pandey, APP
For the Vigilance : Mr. Arvind Kumar, Law Officer
For the BSEB : Mr. Mithilesh Kumar Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 04-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending her arrest in connection with Lakhanour
(R.S.O.P.) P.S. Case No.152 of 2022 registered for the
offences punishable under Sections 420, 120-B, 467, 468 and
471 of the Indian Penal Code.
3. The allegation against petitioner is to obtain the
government job of school teacher on the basis of forged mark-
sheet and matriculation certificate.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that as the matriculation certificate and
Patna High Court CR. MISC. No.69369 of 2024(3) dt.04-02-2026
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mark-sheet of petitioner was genuine, therefore, she was
continuing her job. It is submitted that she came to know
about the allegation only after lodging of the FIR whereafter,
she applied for certified copy of mark-sheet and certificate
from Bihar School Examination Board, Patna, as she lost her
earlier certificates, which were deposited with the Department
at the time of initial joining. It is submitted that there is no
change in the marks as claimed by petitioner at the time of
joining qua the certificate and mark-sheet issued by Bihar
School Examination Board in the year 2022 upon request of
this petitioner. It is submitted that the present case was lodged
against petitioner with harassing attitude.
5. Arguing further, it is submitted that petitioner is
suffering from different health related issues and in support of
this submission, learned counsel has drawn attention of this
Court towards Annexure-P/5 of present petition.
6. Mr. Arvind Kumar, learned Law Officer appearing
for Department of Vigilance and Mr. Mithilesh Kumar Rai,
learned counsel appearing for the BSEB while opposing the
prayer of bail submitted that in fact the Bihar School
Examination Board reported that the petitioner was not passed
Patna High Court CR. MISC. No.69369 of 2024(3) dt.04-02-2026
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matriculation exam as claimed rather she obtained only 347
marks only in her matriculation examination and on the basis
of which, the FIR in issue was lodged against her.
7. Let it be so, as petitioner is a lady suffering from
various health issues in terms of Annexure-5 of this petition,
accordingly, the petitioner above-named, in the event of her
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 A.C.J.M.-I, Jhanjharpur, Madhubani/concerned Court,
where the case is pending in connection with Lakhanour
(R.S.O.P.) P.S. Case No. 152 of 2022, 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.)
Sanjeet/-
U T
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