Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23401 of 2012 ====================================================== Arun Kumar Yadav @ Arun Kumar .... .... Petitioner/s Versus The State Of Bihar Through Cab .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.24559 of 2012 ====================================================== Jhauri Prasad Paul .... .... Petitioner/s Versus The State Of Bihar Through Cab .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 13-07-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] read with Sections 13(2) and 13(1)(d) of the P.C. Act. The accusation is of committing irregularity in appointment in Class-III and IV post during 12th Bihar Vidhan Sabha. It is alleged against Arun Kumar Yadav @ Arun Kumar, who was posted as Deputy Secratory, that his son was also a beneficiary by virtue of getting appointment. It is submitted by learned counsel appearing on behalf of Arun Kumar Yadav @ Arun Kumar that he was not in the Patna High Court Cr.Misc. No.23401 of 2012 (3) dt.13-07-2012 2/3 appointment process and all appointees are still working when the persons who were in the appointment process have already been granted anticipatory bail, whereas it is submitted on behalf of Jhauri Prasad Paul that he was posted as a Secretary in Bihar Vidhan Sabha at the relevant time and he did not directly participate in the appointment process but the appointment letters were issued through his signature when he was duty bound to issue the same on the basis of merit list prepared by selection committee. It is submitted by learned counsel for the Vigilance that some decoded mark sheets of the candidates were recovered from the almirah of Jhauri Prasad then he cannot absolve from the responsibility of issuance of appointment letters under his signature. Considering the fact that the validity of appointments were also tested in C.W.J.C. No. 6412 of 2005 when those directly participated in appointment process including the then Speaker of Bihar Vidhan Sabha have been granted anticipatory bail by this Court, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like Patna High Court Cr.Misc. No.23401 of 2012 (3) dt.13-07-2012 3/3 amount each to the satisfaction of the learned Special Judge, Vigilance-I, Patna in connection with Special Case No. 26 of 2011 arising out of Vigilance P.S. Case No. 28 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioners will be accepted on filing affidavit by the petitioners before learned court below to the effect that they will regularly co-operate in the investigation. The said affidavit will be transmitted to the I.O., concerned. Non-co- operation of the petitioners during investigation will give liberty to the Vigilance to file an application for cancellation of the bail of the petitioners. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 471

Statute Text:
Section 471 of the Indian Penal Code. Using as genuine a forged document which is known to be forged. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.