Kumari Nilam @ Kumari Neelam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25103 of 2026 Arising Out of PS. Case No.-651 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== Kumari Nilam @ Kumari Neelam W/o Sri Ramji Kumar Mehta R/o - Mastalipur, P.O - Barangdhar, P.S - Mufassil, District - Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vigilance Bureau, Head Quarter, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushkar Narain Shahi, Sr. Adv.

Mr. Amit Anand, Adv.

For the State :

Mr. Binod Kumar, APP For the Vigilance :

Mr. Arvind Kumar, Spl. P.P.

Mr. Paritosh Parimal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-07-2026 Heard Mr. Pushkar Narain Shahi, learned Senior Advocate for the petitioner; Mr. Arvind Kumar, learned Special Public Prosecutor for the Vigilance and learned Advocate for the State.

2. The petitioner apprehends her arrest in connection with Wazirganj P.S. Case No.651 of 2025 registered for the offences punishable under Sections 318(4), 338, 336(3) and 340(2) of the BNS.

3. The allegation against the petitioner is of procuring her appointment to the post of Panchayat Teacher on the basis of a fake and forged B.T.C. Training Mark Sheet purportedly issued by the Examination Controller, Bharatiya Shiksha

2/4 Parishad, Uttar Pradesh. The FIR further discloses that the inquiry was conducted pursuant to the order passed in CWJC No. 15459 of 2014, during which the petitioner's training certificate, upon verification, was found to be forged.

4. Learned Senior Advocate for the petitioner submitted that the petitioner herself is a victim of circumstances and, in fact, she had duly undergone the requisite training and thereafter obtained the certificate from Bharatiya Shiksha Parishad, Uttar Pradesh, which has subsequently become defunct. It is, therefore, submitted that any doubt regarding the authenticity of the certificate may have arisen on account of the subsequent status of the institution and not because of any deliberate act on the part of the petitioner. It is further submitted that the petitioner was appointed in the year 2007 and, at every stage of the appointment process, her certificates were subjected to verification. At no point of time was any objection raised regarding the genuineness of her educational qualifications. It is lastly submitted that the petitioner has already tendered her resignation on 02.05.2026. A copy of the resignation letter has been brought on record as Annexure-P/2 series to the supplementary affidavit. The petitioner is a lady having fair antecedent.

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5. On the other hand, learned Advocate for the Vigilance, referring to the counter affidavit, vehemently opposed the prayer for anticipatory bail and submitted that the petitioner's certificate was duly verified by the competent authority and was found to be fake and forged, whereupon the present FIR came to be instituted. It is further contended that, by securing appointment on the strength of a forged certificate, the petitioner deprived genuine candidates of public employment and continued to discharge official duties and draw honorarium/salary without any lawful entitlement.

6. Having considered the submissions advanced on behalf of the respective parties and taking note of the fact that the petitioner is a lady having no criminal antecedent, besides the fact that her appointment was taken place long back in the year 2007, and now she has already tendered her resignation, coupled with her undertaking before this Court to fully cooperate with the investigation and to produce all relevant certificates/documents as and when required by the Investigating Agency, this Court is inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the

4/4 learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya/Successor Court in connection with Wazirganj P.S. Case No.651 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T