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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26375 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Bibha Kumari S/o Shiv Pujan Sah Ressident of vill- Harnarayana P.S.- Pipra, Dist -East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prateek Tandon, Advocate For the State : Mr. Ajay Mishra, APP For the Vigilence : Mr. Arvind Kumar, Advocate Mr. Paritosh Parimal, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 4 16-07-2025 Heard Mr. Prateek Tandon, learned counsel for the petitioner, Mr. Ajay Mishra, learned Additional Public Prosecutor for the State and Mr. Arvind Kumar, learned counsel for the Vigilence.
2. The petitioner is apprehending her arrest in connection with Chakia P.S. Case No. 310 of 2024, F.I.R. dated 02.10.2024 for the offences punishable under Sections 420, 467, 468, 471, 120B of the IPC.
3. According to prosecution case, the petitioner along with other co-accused person is said to have cheated and committed fraud by using forged certificates for the post of teacher.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated
Patna High Court CR. MISC. No.26375 of 2025(4) dt.16-07-2025 2/3 in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that persuant to the direction of this Hon'ble Court passed in C.W.J.C. No. 15459 of 2024 (P.I.L), a number of FIRs has been instituted against the petitioner and other similarly situated co- accused persons. It is further submitted that her certificates as well as B.E.T.E.T. certificates are genuine which she has obtained from the competent Board/University and she has not submitted any forged certificate as alleged in the FIR. Apart from that, after lodging of the present FIR, the petitioner has resigned from the post in question on 18.07.2024 itself.
5. The learned Additional Public Prosecutor and
learned counsel for the vigilence have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has submitted forged certficates.
6. Considering the aforesaid facts and circumstances, clean antecedent of the petitioner and also the fact that the petitioner has resigned from the post in question, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.26375 of 2025(4) dt.16-07-2025 3/3 to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Chakia P.S. Case No. 310 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her 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.
priyanka/- (Rajesh Kumar Verma, J) U T