Patna High Court
Dharmshila Kumari @ Dharmshila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted bail to the petitioner subject to monetary deposit, bail bond, and conditions linked to the pending CWJC.
Summary
The petitioner, Dharmshila Kumari, was arrested in connection with a case alleging forgery of a mark‑sheet to obtain a teaching post, invoking sections 420, 467, 468, 471 and 120B of the Indian Penal Code. She contends that she appeared for the relevant examination, received a legitimate admit card and mark‑sheet, and that the only basis for the FIR is the absence of her mark‑sheet entry in the Result Tabulation Register, which she attributes to administrative irregularities. The State argues that the missing entry and alleged damage to records raise serious doubts about the authenticity of the mark‑sheet. The petitioner has filed a CWJC (No.2246 of 2026) challenging her termination, which is pending. The Court, after hearing both sides, granted bail subject to a deposit of Rs.75,000 and a bail bond of Rs.30,000, conditioning the release on the outcome of the pending CWJC and compliance with Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner’s alleged forgery and related offences warrant denial of bail.
- Whether the absence of the mark‑sheet in the Result Tabulation Register can be attributed to the petitioner.
- Whether the pending CWJC and termination affect the bail decision.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- bail
- forgery
- false certificate
- education recruitment
- Result Tabulation Register
- Indian Penal Code
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7524 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- CHAORI District- Bhojpur
======================================================
Dharmshila Kumari @ Dharmshila Devi W/O Ravi Shankar Mishra,D/O
Subash Pandey Resident of Village - Diliyan, P.S- Chauri,Dist-Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 29-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Chauri P.S. Case No. 139 of 2025 lodged on 29.08.2025,
for the offences punishable under sections 420, 467, 468, 471,
120B of the Indian Penal Code.
3. As per the prosecution case, it is alleged in the FIR
that the petitioner secured employment in the Education
Department by using a forged/fabricated certificate/mark-sheet.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that the petitioner had duly appeared in the relevant
examination conducted by the Bihar Intermediate Education
Council, Patna, and has brought on record the admit card issued
Patna High Court CR. MISC. No.7524 of 2026(5) dt.29-04-2026
2/3
to her. Upon her appearance in the examination, a mark-sheet
was issued in her favour, and on the strength of the said mark-
sheet, she applied pursuant to the concerned advertisement and
was selected for the post of teacher.
5. Learned counsel further submits that the allegation
regarding non-availability of the petitioner’s result in the Result
Tabulation Register (RTR) is the sole basis for lodging of the
present FIR. It is contended that such discrepancy cannot be
attributed to the petitioner and appears to be an irregularity on
the part of the concerned authorities. It is also submitted that the
petitioner has challenged the said action by filing CWJC No.
2246 of 2026, which is pending consideration. It is further
submitted that the petitioner has already been terminated from
service. She is a female aged about 47 years, having clean
antecedents, and has been unnecessarily implicated in the
present case for lapses, if any, on the part of the authorities
concerned.
6. Learned APP for the State opposes the prayer for
bail and submits that during the course of investigation it has
transpired that there is no entry relating to the petitioner’s mark-
sheet in the RTR. It is further submitted that the concerned
school has failed to produce the relevant records and has taken a
Patna High Court CR. MISC. No.7524 of 2026(5) dt.29-04-2026
3/3
plea that the recrord was damaged due to rainwater, thereby
casting serious doubt on the genuineness of the petitioner’s
claim.
7. In the facts and circumstances, let the above named
petitioner be released on bail, Subject to payment/deposit of
Rs. 75,000/- (Rupees Seventy-Five Thousand only) before the
learned Trial Court, which shall remain subject to the
outcome of CWJC No. 2246 of 2026 and finality of the said
decision, in the event of arrest or surrender before the Trial
Court within a period of four weeks from today, on furnishing
bail bond of ₹30000/- (thirty thousand) as mentioned in Section
2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the
satisfaction of the learned Judicial Magistrate, Ara, in
connection with the aforementioned case, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
Checking your session…