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Patna High Court - Orders

Bina Kumari vs The State Of Bihar on 4 February, 2026

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69369 of 2024
                    Arising Out of PS. Case No.-152 Year-2022 Thana- LAKHNAUR District- Madhubani
                 ======================================================
                 Bina Kumari, D/o Gopi Nath Mishra, W/o Subodh Choudhary, Resident of
                 Mohalla-Bhatiyari Sari (Donar Dighi-South), P.S.- Darbhanga Town, District-
                 Darbhanga, At present posted as Teacher, Middle School, Kaithiniya, P.S.-
                 Lakhanour (R.S.O.P), Distt.- Madhubani
                                                                            ... ... Petitioner
                                                   Versus

           1.    The State of Bihar
           2.    Vigilance Department, Government of Bihar, Patna
           3.    Bihar School Examination Board, Patna
                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Sanjeev Kumar, Advocate
                 For the State           :       Mr. Navin Kumar Pandey, APP
                 For the Vigilance       :       Mr. Arvind Kumar, Law Officer
                 For the BSEB            :       Mr. Mithilesh Kumar Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       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 Patna High Court CR. MISC. No.69369 of 2024(3) dt.04-02-2026 2/3 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 Patna High Court CR. MISC. No.69369 of 2024(3) dt.04-02-2026 3/3 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.

(Chandra Shekhar Jha, J.) Sanjeet/-

U      T