Case Facts:
Patna High Court Cr.Misc. No.36485 of 2012 (3) dt.25-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36485 of 2012 ====================================================== Shyam Narain Kumar .... .... Petitioner/s Versus The State Of Bihar Through Vig .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 25-09-2012 Heard learned counsel for the petitioner and the Vigilance. The petitioner being the Regional Deputy Director of Education, Koshi Division, Saharsa, is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 13 (2) read with 13(1) (d) of the Prevention of Corruption Act. It is alleged that the Divisional Establishment Committee of Koshi Division, Saharsa, transferred 240 Assistant Teachers out of that, the transfer order regarding 238 teachers were issued but with regard to 2 teachers the transfer orders were never issued, 15 teachers were transferred without recommendation or decision of the Division Establishment Committee and 21 teachers were transferred in contravention of Provision as laid down in Notification No.1410 dated 15.08.2007 issued by the Human Resources Department, Government of Bihar, resulted into the Patna High Court Cr.Misc. No.36485 of 2012 (3) dt.25-09-2012 imbalance in posting of the teachers in the various schools. It is further alleged that 73 teachers were shown working against the sanctioned posts resulted into the financial irregularities amounting to Rs.9,85,50,000/-. It is submitted by the learned Senior Counsel for the petitioner that the teachers were transferred as per requirement in the school and if any irregularity has been found in the transfer particularly violation of the Human Resources Circular then the departmental proceeding was the remedy. Moreover, 73 teachers were appointed long back and their appointment is not under challenged land the amount of irregularity has been calculated by only calculating the payments made to those teachers who are still working, hence no case either under Indian Penal Code or PC Act is made out. It is submitted by learned counsel for the Vigilance that such transfers were made contrary to the circular of the Human Resources Development Department and the payments were made to the teachers who were working against the non-sanctioned post. Considering the accusation which basically relates to irregularity, let the above named petitioner be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Patna High Court Cr.Misc. No.36485 of 2012 (3) dt.25-09-2012 Special Case No.1 of 2012 arising out of Vigilance P.S. Case No.3 of 2012 on furnishing bail bond of Rs10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance II, Patna, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Since the investigation is still pending the bail bonds of the petitioner shall be accepted on filing of affidavit that he will regularly cooperate in the investigation. The said affidavit will be transmitted to the concerned I.O. of the Vigilance by the learned court below. The non-cooperation in investigation by petitioner will give liberty to the Vigilance to file an application for cancellation of the bail of the petitioner. AnilKrSinha/- (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.