Patna High Court
Kumari PallaviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner, subject to conditions, as the allegations are trial matters and she has a clean antecedent.
Summary
Kumari Pallavi, a Panchayat Teacher appointed in 2013, was implicated in a 2025 case (Shambhuganj P.S. No.203) for allegedly procuring her appointment by submitting forged certificates, invoking IPC sections 420, 467, 468, 471 and 120(B). She contended that her appointment had been regular, that the certificates were verified at the time, and that she had resigned on 3 December 2025 upon learning of the investigation. The State opposed her pre‑arrest bail, arguing that the alleged forgery caused loss to the exchequer by enabling her to draw salary unlawfully. The Court considered her long‑standing service, resignation, the pending trial on the genuineness of the certificates, and her status as a woman with a clean antecedent. It granted her bail, subject to a Rs 10,000 bond, two sureties, and a family member as one bailor, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of forging certificates under IPC sections 420, 467, 468, 471 and 120(B).
- Whether the alleged financial loss to the government warrants denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- pre‑arrest bail
- forgery
- Panchayat Teacher appointment
- IPC sections 420,467,468,471,120(B)
- Section 482(2) B.N.S. 2023
- women litigant
- financial loss to exchequer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91337 of 2025
Arising Out of PS. Case No.-203 Year-2025 Thana- SHAMBHUGANJ District- Banka
======================================================
Kumari Pallavi D/O Birendra Narayan Pandey Resident of Village-
Sonvarsha, P.S- Bihpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection
with Shambhuganj P.S. Case No. 203 of 2025, registered for the
offences punishable under Sections 420, 467, 468, 471 and
120(B) of the Indian Penal Code.
3. The accusation against the petitioner is of procuring
her appointment on the post of Panchayat Teacher by submitting
forged and fabricated certificate.
4. Learned Advocate for the petitioner submitted that
the petitioner was duly appointed as a Panchayat Teacher long
back in the year 2013, after following all the due process. At the
time of her appointment, all the certificates were duly verified
but at no point of time, any such allegation has been levelled.
Patna High Court CR. MISC. No.91337 of 2025(2) dt.28-01-2026
2/3
However, in compliance with the order of this Court in CWJC
No. 15459 of 2014, the certificates of all the Panchayat Teachers
were duly verified by the Vigilance and later on, the certificates
submitted by the petitioner along with some other candidates
have been suspected to be forged and fabricated. In fact, the
petitioner is herself the victim of the circumstances and coming
to know about the institution of the present case, she tendered
her resignation on 03.12.2025. The petitioner is a woman,
having fair antecedent, undertakes that she will fully co-operate
in the investigation and the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that there is
specific accusation that the petitioner has procured the
appointment, based upon the forged certificate and in this way
caused loss to the government exchequer, by realizing salary for
the period she discharged the duty illegally.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that the petitioner was appointed long back in the year
2013 and now she has already tendered her resignation,
moreover, the genuineness of the certificates are subject matter
of the trial, besides the fact that the petitioner is a woman,
Patna High Court CR. MISC. No.91337 of 2025(2) dt.28-01-2026
3/3
having fair antecedent, let the petitioner above named be
released on bail, in the event of her arrest or surrender before the
court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned C.J.M., Banka in
connection with Shambhuganj P.S. Case No. 203 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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