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2026 Supreme(Online)(Pat) 2598
IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha, J
Bina Kumari
CRIMINAL MISCELLANEOUS No.69369 of 2024|PS. Case No.-152 Year-2022
For the Appellants/Petitioners: Sanjeev Kumar
For the Respondents: Navin Kumar Pandey, Arvind Kumar, Mithilesh Kumar Rai
Grant of anticipatory bail to a female petitioner based on health grounds despite allegations of forgery in educational certificates for government employment.
Headnote:The case involves allegations under Sections 420, 120-B, 467, 468, and 471 of the Indian Penal Code regarding the procurement of a government teaching position through the use of forged matriculation certificates and mark-sheets. The petitioner contends that the documents were genuine and highlights significant health issues, while the examination board reported a discrepancy in the marks obtained. The court noted the petitioner's status as a woman with health complications. The primary issue is whether the petitioner is entitled to anticipatory bail despite the allegations of forgery. The court reasoned that given the petitioner is a lady suffering from various health issues, relief in the form of bail is appropriate. The petitioner is directed to be released on bail upon furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.
| Table of Content |
|---|
| 1. allegations of forgery in educational certificates to obtain government employment. (Para 1 , 2 , 3) |
| 2. contention of document genuineness versus official board reports on marks discrepancy. (Para 4 , 5 , 6) |
| 3. grant of bail based on gender and health considerations. (Para 7) |
ORAL ORDER
3 04-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending her arrest in connection with Lakhanour (R.S.O.P.) P.S. Case No.152 of 2022 registered for the offences punishable under Sections 420, 120-B, 467, 468 and 471 of the Indian Penal Code.
3. The allegation against petitioner is to obtain the government job of school teacher on the basis of forged mark-sheet and matriculation certificate.
4. It is submitted by learned counsel appearing on behalf of the petitioner that as the matriculation certificate and mark-sheet of petitioner was genuine, therefore, she was continuing her job. It is submitted that she came to know about the allegation only after lodging of the FIR whereafter, she applied for certified copy of mark-sheet and certificate from Bihar School Examination Board, Patna, as she lost her earlier certificates, which were deposited with the Department at the time of initial joining. It is submitted that there is no change in the marks as claimed by petitioner at the time of joining qua the certificate and mark-sheet issued by Bihar School Examination Board in the year 2022 upon request of this petitioner. It is submitted that the present case was lodged against petitioner with harassing attitude.
5. Arguing further, it is submitted that petitioner is suffering from different health related issues and in support of this submission, learned counsel has drawn attention of this Court towards Annexure-P/5 of present petition.
6. Mr. Arvind Kumar, learned Law Officer appearing for Department of Vigilance and Mr. Mithilesh Kumar Rai, learned counsel appearing for the BSEB while opposing the prayer of bail submitted that in fact the Bihar School Examination Board reported that the petitioner was not passed matriculation exam as claimed rather she obtained only 347 marks only in her matriculation examination and on the basis of which, the FIR in issue was lodged against her.
7. Let it be so, as petitioner is a lady suffering from various health issues in terms of Annexure-5 of this petition, accordingly, the petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Jhanjharpur, Madhubani/concerned Court, where the case is pending in connection with Lakhanour (R.S.O.P.) P.S. Case No. 152 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS .
