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Punam Kumari Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

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Patna HC
2025
Punam Kumari Vs The State of BiharPunam Kumari v. The State of Bihar

Allowed¶¶23

Punam Kumari v. The State of Bihar

Patna HC2 Apr 2025CR. MISC./6391/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted by Patna High Court (Hon'ble Mr. Justice Prabhat Kumar Singh) on 02-04-2025 in Criminal Miscellaneous No. 6391 of 2025, arising out of Noorsarai P.S. Case No. 567 of 2023, District Nalanda, under Sections 420, 467, 468, 471, 120(B) IPC. Petitioner Punam Kumari, alleged to have obtained appointment as Panchayat Teacher on forged documents; already terminated from service vide Letter No. 239 dated 02.05.2024; clean antecedents noted. Bail bond of Rs. 10,000/- with two like sureties before Judicial Magistrate 1st Class, Biharsharif; conditions under Section 438(2) CrPC. Opposite parties: State of Bihar and Lal Mohammad (Vigilance Investigation Bureau). No precedents cited.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail in the event of arrest/surrender before the court below within six weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Biharsharif, Nalanda, in connection with Noorsarai P.S. Case No. 567 of 2023, subject to conditions under Section 438(2) CrPC.

Why is it important?

Anticipatory bail granted: considering that the petitioner has already been terminated from service and has clean antecedents, she is to be enlarged on bail in the event of her arrest/surrender before the court below within six weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Biharsharif, Nalanda, in connection with Noorsarai P.S. Case No. 567 of 2023, subject to conditions under Section 438(2) CrPC. ¶¶23

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail in the event of arrest/surrender before the court below within six weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Biharsharif, Nalanda, in connection with Noorsarai P.S. Case No. 567 of 2023, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Noorsarai P.S. Case No. 567 of 2023 registered for offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code, is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: considering that the petitioner has already been terminated from service and has clean antecedents, she is to be enlarged on bail in the event of her arrest/surrender before the court below within six weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Biharsharif, Nalanda, in connection with Noorsarai P.S. Case No. 567 of 2023, subject to conditions under Section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Crl. Misc. No. 6391 of 2025 (Prabhat Kumar Singh, J., 02-04-2025): Petitioner, a lady alleged to have obtained appointment as Panchayat Teacher on forged and fabricated documents (Noorsarai P.S. Case No. 567 of 2023, Sections 420, 467, 468, 471, 120(B) IPC), had already been terminated from service vide Letter No. 239 dated 02.05.2024 and had clean antecedents. Held: in the event of arrest/surrender before the court below within six weeks, she shall be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6391 of 2025

Arising Out of PS. Case No.-567 Year-2023 Thana- NOORSARAI District- Nalanda

======================================================

Punam Kumari D/O Sri Ramswath Singh @ Ramswarath Singh Resident of Village- Matepur, P.O.- Kolawan, P.S.- Chandi, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

Lal Mohammad S/o- Late Rahamtulla Police Inspector cum Enquiry Officer Vigilance INvestigation Bureau, Patna Division, Patna

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Bipin Bihari Singh, Adv. For the Opposite Party/s : Mr. Arvind Kumar, Law Officer, Vigilance with Mr. Paritosh Parimal, Adv. Mr. Sanjay Kumar Tiwary, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

6 02-04-2025

Heard learned counsel for the petitioner, learned

A.P.P. and learned counsel appearing on behalf of Vigilance Department.

The petitioner apprehends her arrest in a case registered for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The petitioner is alleged to have obtained appointment, as Panchayat Teacher, on the basis of forged and fabricated document(s).

It is submitted on behalf of petitioner that petitioner was appointed, as Panchayat Teacher, after investigation of all her educational certificates by the concerned department, but later on, same has been declared as forged and

Patna High Court CR. MISC. No.6391 of 2025(6) dt.02-04-2025 2/2

fabricated without proper verification or giving any notice to the petitioner. Moreover, petitioner has already been terminated from service, vide Letter No. 239 dated 02.05.2024, issued by the Mukhiya of Gram Panchayat Raj Jagdishpur Tiwary, Noorsarai, District Nalanda, vide Annexure P/6 to the supplementary affidavit. Petitioner is lady and has got clean antecedent.

Learned counsel for the Vigilance Department vehemently opposes the prayer for anticipatory bail.

Considering the fact that petitioner has already been terminated from the service and she has got clean antecedent, let the above named petitioner, in the event of her arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Judicial Magistrate 1^st Class, Biharsharif, Nalanda in connection with Noorsarai P.S. Case No. 567 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

anay

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, apprehending arrest in Noorsarai P.S. Case No. 567 of 2023 registered for offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code, is entitled to anticipatory bail.¶¶17
The court held
Anticipatory bail granted: considering that the petitioner has already been terminated from service and has clean antecedents, she is to be enlarged on bail in the event of her arrest/surrender before the court below within six weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Biharsharif, Nalanda, in connection with Noorsarai P.S. Case No. 567 of 2023, subject to conditions under Section 438(2) CrPC.ratio¶¶23

Statutes considered

2 provisions across 2 enactments

AI extract

Indian Penal Code420, 467, 468, 471, 120(B)¶¶17
Code of Criminal Procedure438(2)¶¶23

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case registered as Noorsarai P.S. Case No. 567 of 2023, Thana Noorsarai, District Nalanda, out of which this application arises.¶¶2
Prior proceeding
Petitioner alleged to have obtained appointment as Panchayat Teacher on the basis of forged and fabricated documents; offences under Sections 420, 467, 468, 471, 120(B) IPC.¶¶18
Prior proceeding
Petitioner terminated from service vide Letter No. 239 dated 02.05.2024 issued by the Mukhiya of Gram Panchayat Raj Jagdishpur Tiwary, Noorsarai, District Nalanda (Annexure P/6 to supplementary affidavit).¶¶21

Parties & counsel

AI extract

petitioner
Punam Kumari D/O Sri Ramswath Singh @ Ramswarath Singh¶¶4
Mr. Bipin Bihari Singh, Adv.
respondent
The State of Bihar¶¶7
Mr. Arvind Kumar, Law Officer, Vigilance, Mr. Paritosh Parimal, Adv., Mr. Sanjay Kumar Tiwary, APP
respondent
Lal Mohammad S/o- Late Rahamtulla (Police Inspector cum Enquiry Officer, Vigilance Investigation Bureau, Patna Division, Patna)¶¶8
Mr. Arvind Kumar, Law Officer, Vigilance, Mr. Paritosh Parimal, Adv., Mr. Sanjay Kumar Tiwary, APP

Coram

AI extract

Prabhat Kumar Singhauthor¶¶13

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 2 Apr 2025 · April
Registered: 29 Jan 2025
Case no.: CR. MISC./6391/2025
CNR: BRHC010053202025
Topic: Cheating and Forgery
Bench: Prabhat Kumar Singh
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Punam Kumari v. The State of Bihar, CR. MISC./6391/2025 (PAT), decided on 2 April 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code420, 467, 468, 471, 120(B)
Code of Criminal Procedure438(2)

View all statutes

Procedural history3

Case registered as Noorsarai P.S. Case No. 567 of 2023, Thana Noorsarai, District Nalanda, out of which this application arises.
Petitioner alleged to have obtained appointment as Panchayat Teacher on the basis of forged and fabricated documents; offences under Sections 420, 467, 468, 471, 120(B) IPC.

View full history

Bench / Coram

Prabhat Kumar Singh

Parties & counsel