Smt. Kavita Yadav @ Kumari Kavita Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7258 of 2025 Arising Out of PS. Case No.-260 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Smt. Kavita Yadav @ Kumari Kavita Yadav D/o Mohit Yadav Resident of Village- Sahuchak, PS- Fulwariya, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmveer For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bhore Police Station Case No. 260 of 2023, dated 02.06.2023, disclosing offences punishable under Sections 420/468/471/467 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner submitted forge certificate/mark sheet at the time of appointment of teacher of Sixth Phase Panchayat Teachers Employment 2019-20.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and she had submitted the intermediate certificate and mark sheet at the time of submission of application

Patna High Court CR. MISC. No.7258 of 2025(3) dt.12-05-2025 2/3 form. The petitioner, along with other candidates, were ousted from the counselling process on the ground that they have submitted forged certificates. A list of 74 candidates were made public, in which the petitioner is at serial no. 64. In the First Information Report, it is not mentioned as to which certificate of the petitioner was found to be forged and fabricated. Referring to the case diary, learned Counsel submits that during the course of investigation, no cogent material has come against the petitioner in order to prima facie establish that which of the certificate submitted by the petitioner was forged. The supervising authorities, i.e. the Sub-Divisional Police Officer, Hathua, and the Superintendent of Police, Gopalganj, in their supervision notes, have taken note of the fact that which certificate submitted by the petitioner was forged and fabricated is not clear and for which, the enquiry report of the District Programme Officer, Gopalganj is required to be seen.

5. Learned Additional Public Prosecutor submits that the enquiry report of the District Programme Officer, dated 15.06.2022 is the part of the case diary, in which it has been found that there is difference in the signature and

Patna High Court CR. MISC. No.7258 of 2025(3) dt.12-05-2025 3/3 seal of the headmaster in the mark sheet of intermediate submitted by the petitioner.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is based upon documents and custodial interrogation of the petitioner may not be required, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Bhore Police Station Case No. 260 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √