Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21008 of 2012 ====================================================== Gajendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19698 of 2012 ====================================================== Rajesh Kumar Verma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20835 of 2012 ====================================================== Punam Kamat .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 16-08-2012 Heard learned counsels for the petitioner and the State. The petitioners being the Panchayat Secretaries and Nazir of Bisunpur Panchayat are apprehending arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of misappropriating Rs. 5,55,45,000/- in construction of 891 units of the toilet. It is submitted on behalf of Gajendra Yadav that he was given advance of Rs. 15,000/- only though, he had made the Patna High Court Cr.Misc. No.21008 of 2012 (3) dt.16-08-2012 2/3 construction but he is ready to deposit the same amount before the learned court below, whereas it is submitted on behalf of Punam Kamat that she was given Rs. 75,000/- advance for the construction purposes though, she has made the construction work but she has already deposited the amount given to her which is recorded by the I.O. in para 29 of the case diary, whereas it is submitted on behalf of Rajesh Kumar Verma that he was not authorized to make construction as he prepared the cheques on the direction of the B.D.O. when the cheques were issued under the signature of B.D.O. It is submitted by learned counsel for the State that during investigation, the specific amount released to each of the petitioners has not been verified. Considering the nature of irregularity and the amount entrusted to two Panchayat Secretaries, let the above named three petitioners be released on anticipatory bail, in the event of arrest or surrender before the 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 amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar (Patanghat O.P.) P.S. Case No. 315 of 2011, subject to the conditions as laid down under Section Patna High Court Cr.Misc. No.21008 of 2012 (3) dt.16-08-2012 3/3 438(2) Cr.P.C. The bail bonds of the petitioner Gajendra Yadav will be accepted by learned court below on deposit of Rs. 15,000/- before the learned court below which will be invested in some fix deposit scheme in connection with present case which will be subject to the result of the present case and bail bonds of the petitioner Punam Kamat will be accepted on verification of the fact that she has already deposited Rs. 75,000/-. 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.