Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1545 of 2012 ====================================================== Baidyanath Das @ Baijnath Das .... .... Petitioner/s Versus The State Of Bihar Through Vig .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 07-03-2012 Heard Mr. Rana Pratap Singh, learned senior counsel for the petitioner, Mr. Ramakant Sharma, learned senior counsel for the Vigilance and Mr. Bishwa Bibhuti Kumar, learned counsel for the Patna Municipal Corporation. The petitioner being the then Additional Commissioner of the Patna Municipal Corporation (hereinafter referred to as PMC) is apprehending arrest in a case registered under [STATUTE] and sections 7, 8 and 13(2) read with sections 13(1)(c ) and (d) of the Prevention of Corruption Act. It is alleged against the petitioner that he forwarded the fresh maps as well as maps of the additional construction and committed illegality in imposing penalty in sanctioning of map and made payments to the advertising agency in excess to the prescribed rate of payment and thereby the total loss of more than eight crores were caused Patna High Court Cr.Misc. No.1545 of 2012 (4) dt.07-03-2012 2 / 3 2 to the PMC. It is submitted by the learned senior counsel appearing on behalf of the petitioner that the PMC vide office order no. 96 dated 18.9.2007 prescribed imposition of adjustment cost with five times fine, which was made effective from the date of the order and in view of the resolution no. 22 of the Standing Committee, it was made effective only as regards new maps and it was not with regard to the maps sanctioned earlier but the accusation has been made considering the application of enhanced penalty with retrospective effect. It is further submitted that the proposal for making payment to the advertising agency was made by Naresh Kumar, Surveyor, who has been granted anticipatory bail vide Cr. Misc. No. 9245 of 2011 and above all, the Executive Engineer, having similar accusation, has also been granted anticipatory bail vide Cr. Misc. 21107 of 2011. Considering the aforesaid facts and submissions, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance I, Patna in connection with Special Case no. 36 of 2010 arising out of Vigilance P.S. Case no. 54 of 2010 subject to the conditions as Patna High Court Cr.Misc. No.1545 of 2012 (4) dt.07-03-2012 3 / 3 3 laid down under Section 438(2) Cr.P.C. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 477

Statute Text:
Section 477 of the Indian Penal Code. Fraudulently destroying or defacing, or attempting to destroy or deface, or secreting, a will, etc. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.