Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16637 of 2012 ====================================================== Ratish Kumar Jha .... .... Petitioner/s Versus The State Of Bihar Through Cab .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16639 of 2012 ====================================================== Awadhesh Kumar Singh .... .... Petitioner/s Versus The State Of Bihar Through Cab .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17675 of 2012 ====================================================== Mahendra Prasad Singh .... .... Petitioner/s Versus The State Of Bihar Thru.Vigila .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.16637 of 2012) For the Petitioner/s : Mr. Ashutosh Kumar, Adv. Mr. Sanjeev Kumar, Adv. For the Vigilance : Mr. R.K. Sharma, Sr. Adv. (In Cr.Misc. No.16639 of 2012) For the Petitioner/s : Mr. Rana Pratap Singh, Sr. Adv. Mr. Sanjeev Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 17-07-2012 Heard learned counsels for the petitioner and the State. The petitioners being the then members of the Divisional Establishment Committee are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section Patna High Court Cr.Misc. No.16637 of 2012 (4) dt.17-07-2012 2/3 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. It is alleged that the Divisional Establishment Committee transferred 240 teachers out of that, the transfer orders with regard to 238 teachers were issued but with regard to two teachers of them, the transfer order was not issued, 15 teachers were transferred without the recommendation of the Divisional Establishment Committee and 21 teachers were transferred in contravention of the provision laid down by Human Resources Development Department resulted into the imbalance in posting of the teachers in the different schools. It is further alleged that 73 teachers were shown working against the non-sanctioned posts resulted into the financial irregularity to the tune of Rs. 9,55,53,000/-. It is submitted by learned Sr. counsel for the petitioners that the teachers were transferred as per the 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 challenge and the amount of irregularity has been calculated by only calculating the payments made to those teachers who are still Patna High Court Cr.Misc. No.16637 of 2012 (4) dt.17-07-2012 3/3 working, hence no case either under IPC or PC Act is made out. It is submitted by learned counsel for the Vigilance that the 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 non-sanctioned posts. Considering the accusation which basically relates to irregularity, let the above named 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 Special Judge, Vigilance-I, Patna in connection with Vigilance P.S. Case No. 03 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.