Patna High Court
Sunita KumariversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it with specified conditions.
Summary
Sunita Kumari, a teacher appointed in 2010, was implicated in a case (Bathnaha P.S. Case No. 69 of 2023) for allegedly producing a forged intermediate mark‑sheet to obtain her appointment, attracting charges under IPC sections 420, 467, 468, 471 and 120 B. Anticipating arrest, she applied for anticipatory bail. The State of Bihar and the Vigilance Investigation Bureau opposed the relief, contending that she had used illegal means to secure her post. The High Court, after considering the submissions and the petitioner’s clean antecedent, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Instruments Act. The order also stipulated surety requirements, personal appearance in court, and provisions for cancellation if the petitioner violated the terms or concealed prior convictions. The court clarified that its observations would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged under the IPC.
- Whether the allegations of forgery and cheating justify denial of anticipatory bail under Section 438 CrPC.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- fake mark sheet
- IPC
- Section 438
- Section 482
- teacher appointment
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6976 of 2026
Arising Out of PS. Case No.-69 Year-2023 Thana- BATHNAHA District- Sitamarhi
======================================================
Sunita Kumari W/o Pankaj Kumar (Niyojit Teacher in the Madhya Vidyalaya
Chhatwagadh) Presently Resident Of Village- Sirsiya, P.o.- Narha, P.s.-
Bathnaha, Dist.- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Vigilance Investigation Bureau, Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
For the Vigilance : Mr. Arvind, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Bathnaha P.S. Case No. 69 of 2023 registered for the offences
under Sections 420, 467, 468, 471, 120(B) of the I.P.C.
3. As per the prosecution case, the allegation against
the petitioner is that she had produced fake intermediate mark-
sheet for obtaining appointment as Niyojit Teacher.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case as she was
appointed in 2010 and no illegality was found with regard to the
said mark-sheet, however, after almost ten years, the present
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F.I.R has been lodged. It has next been submitted that the
petitioner has already been terminated from service and she
would face the trial. It has lastly been submitted that the
petitioner has clean antecedent.
5. Learned counsel for the Department of Vigilance as
well as the learned APP for the State have vehemently opposed
the prayer for anticipatory bail and have stated that the
petitioner had used illegal means to enter the service of the
Bihar Government and she sould not be granted liberty of
anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Bathnaha P.S. Case
No. 69 of 2023 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
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(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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