Patna High Court
Sharda Kumari @ Srimati Sharda KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail, subject to verification of termination and criminal antecedents and the execution of a bail bond as directed.
Summary
Sharda Kumari, a 30‑year‑old Anganwadi Sevika, was charged under IPC sections 420, 467, 468 and 471 for allegedly securing her appointment using forged educational certificates. She applied for pre‑arrest bail, contending that the two mark‑sheets presented by the prosecution belong to different individuals and that she has already been terminated from service with her wages recovered. The State opposed the bail, arguing the allegations of document tampering. The High Court examined the discrepancies in the certificates, noted the termination and recovery of wages, and held that a prima facie case exists for granting bail. It directed the District Court to verify the termination and any prior criminal record, and ordered that bail be released on a Rs 10,000 bond with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of forgery under IPC sections 420, 467, 468 and 471.
- Whether the termination of the petitioner’s service and recovery of wages affect the bail consideration.
- Whether the District Court must verify the petitioner’s termination and criminal antecedents before bail is effected.
Legislation cited
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- pre‑arrest bail
- forgery
- false documents
- IPC 420
- IPC 467
- IPC 468
- IPC 471
- Anganwadi Sevika
- termination of service
- bail bond
- verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92087 of 2025
Arising Out of PS. Case No.-378 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Sharda Kumari @ Srimati Sharda Kumari, Aged about- 30 years, Female,
W/o Umesh Kumar Nishad, R/o Vill- Bagahi Nimia Tola, Ward No 08, PS-
Bairiya, District- West Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 19-03-2026 Heard Mr. Mayank Mohan, learned counsel
appearing on behalf of the petitioner and Mr. Parmeshwar
Mehta, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bairiya P.S. Case No. 378 of 2025 registered for the
offence punishable under Sections 420, 467, 468 and 471 of the
Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner
has allegedly secured appointment on the post of Anganwadi
Sevika on the basis of forged and fabricated document.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.92087 of 2025(3) dt.19-03-2026
2/5
petitioner submitted that petitioner is innocent and she has
falsely been implicated in the present case. He further submitted
that the he has brought on record a verification report issued by
the Secretary, B.S.E.B., by way of Annexure-3 to the bail
application, pertaining to one Sharda Kumari, daughter of Amar
Chaudhary, whose date of birth is recorded as 28.12.1992 and
whose school is shown as Co-operative High School. He further
submitted that petitioner's mark-sheet reflects the father's name
as Amardeo Chaudhary, the date of birth as 22.05.1995, and the
school as J.P.T. High School. In both the certificates, the
mother's name is recorded as Lal Mati Devi. Learned counsel
submitted that the two certificates clearly pertain to different
individuals, inasmuch as, they relate to different schools and
contain discrepancies in the father's name as well as the date of
birth. On this basis, it is contended that the certificate showing
the date of birth as 28.12.1992 belongs to another person, as the
petitioner was never a student of Co-operative High School, and
that the petitioner's actual educational record pertains to J.P.T.
High School. He further submitted that the petitioner has
already been terminated from the service as on date and the
entire amount, which was paid to her on account of wages, has
also been recovered. On these grounds, petitioner seeks to be
Patna High Court CR. MISC. No.92087 of 2025(3) dt.19-03-2026
3/5
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties and upon perusal of the allegations made in the
FIR, it transpires that the petitioner was selected on 11.02.2020
for the post of Anganwadi Sevika on the basis of an allegedly
tampered educational certificate. It is alleged that the petitioner
possesses two different mark-sheets reflecting two different
dates of birth. The petitioner has brought on record a
verification report submitted by the Secretary, B.S.E.B., by way
of 'Annexure-3 to the bail application' pertaining to one Sharda
Kumari, daughter of Amar Chaudhary, whose date of birth is
recorded as 28.12.1992 and whose school is shown as Co-
operative High School. The other certificate, which the
petitioner claims to be her own, is also in the name of Sharda
Kumari, but reflects the father's name as Amardeo Chaudhary,
date of birth as 22.05.1995, and the school as J.P.T. High
School. In both certificates, the mother's name appears as Lal
Mati Devi. It is evident that the two certificates pertain to
different schools and contain discrepancies in the father's name
and date of birth. On this basis, the petitioner contends that the
Patna High Court CR. MISC. No.92087 of 2025(3) dt.19-03-2026
4/5
certificate showing the date of birth as 28.12.1992 belongs to
another individual, as she was never a student of Co-operative
High School, and that her actual school is J.P.T. High School.
However, in view of the fact that the petitioner has already been
terminated from the service as on date and the entire amount,
which was paid to her on account of wages, has also been
recovered, I am of the opinion that the petitioner has, prima
facie, made out a case to be released on pre-arrest bail.
7. Learned District Court is directed to verify, as to
whether, the petitioner has been terminated. In case the
petitioner has been terminated or his resignation has been
accepted, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his/her arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending, in connection with Bairiya P.S. Case No. 378 of 2025,
subject to the condition as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
Patna High Court CR. MISC. No.92087 of 2025(3) dt.19-03-2026
5/5
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
Checking your session…