Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20393 of 2012 ====================================================== Subodh Kumar Jaiswal .... .... Petitioner/s Versus The State Of Bihar Through Vigilance .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.20407 of 2012 ====================================================== Braj Kishore Singh Prabhat .... .... Petitioner/s Versus The State Of Bihar Through Vigilance .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 25-06-2012 Heard learned counsels for the petitioners and the Vigilance. The petitioners being the then Sectional Officer and then Deputy Secretary in the Bihar Legislative Assembly are apprehending are arrest in a case registered for the offences punishable under [STATUTE] and Section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. The broad accusation is of committing illegality in the 12th Legislative Assembly while making appointment of lower division clerk. It is alleged against Patna High Court Cr.Misc. No.20393 of 2012 (3) dt.25-06-2012 2/3 petitioner Subodh Kumar Jaiswal that he got appointed his brother-in-law by exercising his influence whereas it is alleged against petitioner Braj Kishore Singh Prabhat that he being the Deputy Secretary also managed to get him appointed by getting the qualification of age limit relaxed. It is submitted by learned counsel for the petitioners that both the petitioners were not a party to the appointment process and the persons who were directly involved in the appointment process have been granted anticipatory bail. It is submitted by learned counsel for the Vigilance that the accusation of conspiracy is against them. Considering the fact that thrust of accusation against the persons, who were involved in the appointment process, have been granted anticipatory bail, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of Patna High Court Cr.Misc. No.20393 of 2012 (3) dt.25-06-2012 3/3 the like amount each to the satisfaction of 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) of the Cr.P.C. The bail bonds of the petitioners will be accepted on filing of affidavit that they will cooperate in the investigation. Non-cooperation in the investigation will give liberty to the Vigilance to file appropriate application for cancellation of bail of the petitioners. The said affidavit will be transmitted to the concerned I.O. by the learned court below. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 477A

Statute Text:
Section 477A of the Indian Penal Code. Falsification of accounts. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or willfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in any such book, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.