Anticipatory bail may be granted in cases of alleged fraudulent appointment if there is a significant delay in lodging the FIR and the accused has already been terminated from the service.

ORAL ORDER

2 04-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Bathnaha P.S. Case No. 69 of 2023 registered for the offences under Sections 420, 467, 468, 471, 120(B) of the I.P.C.

3. As per the prosecution case, the allegation against the petitioner is that she had produced fake intermediate mark-sheet for obtaining appointment as Niyojit Teacher.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as she was appointed in 2010 and no illegality was found with regard to the said mark-sheet, however, after almost ten years, the present F.I.R has been lodged. It has next been submitted that the petitioner has already been terminated from service and she would face the trial. It has lastly been submitted that the petitioner has clean antecedent.

5. Learned counsel for the Department of Vigilance as well as the learned APP for the State have vehemently opposed the prayer for anticipatory bail and have stated that the petitioner had used illegal means to enter the service of the Bihar Government and she sould not be granted liberty of anticipatory bail.

6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Bathnaha P.S. Case No. 69 of 2023 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:-

(i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for anticipatory bail is allowed.

8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.