Patna High Court
Mamta KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court held that anticipatory bail should be granted, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
Mamta Kumari, a former Panchayat Teacher, sought anticipatory bail fearing arrest in a case (Sahiyara PS Case No. 47 of 2023) alleging forgery of an experience certificate and offences under IPC sections 420, 467, 468, 471 and 120(B). The prosecution alleged she obtained the appointment by submitting a forged certificate, while she contended that her appointment was based solely on her degree and that the disputed certificate was not hers, characterising the matter as a service dispute. The State and the Vigilance Bureau opposed the bail but did not dispute that her service had already been terminated. The High Court, noting the termination of service and the nature of the dispute, exercised its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail, subject to strict conditions. The order directed that she be released on bail if arrested or she surrenders within four weeks, upon furnishing a bail bond and complying with conditions regarding sureties, court appearances, non‑interference with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged forgery and other IPC offences when the petitioner’s service has been terminated.
- Whether the dispute is merely a service matter that should be dealt with by the appointing authority rather than the criminal courts.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail in the circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- service dispute
- Indian Penal Code
- Criminal Procedure Code
- termination of service
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69816 of 2025
Arising Out of PS. Case No.-47 Year-2023 Thana- SAHIYARA District- Sitamarhi
======================================================
Mamta Kumari Wife of Sanjeev Kumar Singh R/o Village - Adauri, P.S.-
Purnahiya, District – Sitamarhi. ... ... Petitioner/s
Versus
1. The State of Bihar
2. The Vigilance Investigation Bureau, through Police Inspector-Cum-
Investigation Bureau, Patna Range, Patna, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Adv.
For the Opposite Party/s : Mr.Ajay Mishra, APP
For the Vigilance : Mr. Paritosh Parimal, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 21-01-2026 Heard Mr. Mrityunjay Kumar, learned counsel for
the petitioner, Mr. Ajay Mishra, learned APP for the State and
Mr. Paritosh Parimal, learned counsel representing the
Vigilance.
2. The petitioner is apprehending her arrest in
connection with Sahiyara P.S. Case No. 47 of 2023 for the
offence punishable under sections 420, 467, 468, 471 and
120(B) of the IPC lodged on 19.03.2023 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that she is said to have been appointed as
untrained teacher by annexing a forged certificate of experience.
The alleged experience certificate of the petitioner bearing
Certificate No. 296 was found to be fake by the authorities
concerned, when it was sent for verification. Accordingly, the
FIR.
4. Learned counsel for the petitioner submits that for
Patna High Court CR. MISC. No.69816 of 2025(3) dt.21-01-2026
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an allegation that the experience certificate appended with the
application, for seeking appointment on the post of Panchayat
Teacher, has been found to be forged while the petitioner’s case
is that her appointment was made on the basis of requisite
degree and till today, she has not acquired experience and
therefore, the certificate which is said to have been appended, is
not produced by her. Learned counsel further submits that the
nature of dispute having been raised in the FIR appears to be a
service dispute which can well be addressed by the authorities
who are said to have issued appointment letter and the service of
the petitioner has already been terminated.
5. On the other hand, learned counsel appearing for
the Vigilance as well as learned APP opposed the prayer for
anticipatory bail. However, they do not dispute about the factum
of the service of the petitioner being terminated.
6. Considering the aforesaid submissions and the fact
that the service of the petitioner has already been terminated,
this Court is inclined to extend her the privilege of anticipatory
bail.
7. Let the petitioner, above named, 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
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Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Sitamarhi in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) 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/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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