Abhilasha Kumari v. The State Of Bihar Through Vigilance Investigation Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32475 of 2025 Arising Out of PS. Case No.-105 Year-2017 Thana- KHODAWANDPUR District- Begusarai ====================================================== Abhilasha Kumari Daughter of Ramji Ray Village- Chakbheli PS -Morwa Dist- Samastipur ... ... Petitioner/s

Versus

The State of Bihar through Vigilance Investigation Bureau, Bihar, Patna bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State and learned counsel for the Vigilance.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Khodawandpur (Chaurahi O.P.) P.S. Case No.105 of 2017, for the offences punishable under Sections 467, 468, 471, 420, 120B and 34 IPC.

3. As per the prosecution, FIR has been lodged against 4 named accused persons including the present petitioner with allegation that after passing order dated 22.06.2015 passed in C.W.J.C. No.15459 of 2014 in which petitioner has not opted

Patna High Court CR. MISC. No.32475 of 2025(3) dt.13-08-2025 2/3 the opportunity to detach herself from her service and subsequently by the enquiry of the Vigilance, it has been identified that the petitioner has unique service by fake certificates and FIR has been lodged against her.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner's service has now ended and other accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court vide annexure-P/2 series of the bail petition.

5. Counsel submits that the criminal antecedent of the petitioner is clean.

6. Learned counsel for the vigilance opposes the prayer for bail of the petitioner and submits that even after passing of the order by this Hon'ble Court, opportunity has not been availed and intentionally, petitioner continued to do her service and only after filing of the case and her identification, the petitioner has been removed from service.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 8 weeks from today, on

Patna High Court CR. MISC. No.32475 of 2025(3) dt.13-08-2025 3/3 furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur (Chaurahi O.P.) P.S. Case No.105 of 2017, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023, subject to return the amount which she has received in the service i.e., the order passed in CWJC No.15459 of 2014 from 05.12.2016 to 10.07.2017, upto the date on which she has worked.

(Dr. Anshuman, J.) Prakashmani/- U T