Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23171 of 2012 ====================================================== Rajdeo Ram .... .... Petitioner/s Versus The State of Bihar through the Vigilance .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-07-2012 Heard learned counsel for the petitioner and learned senior counsel for the Vigilance. The petitioner being the then District Education Officer and the Member of the Divisional Establishment Committee is apprehending his 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. 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, the transfer order was not issued, 15 teachers were transferred without the recommendation of the Divisional Establishment Committee and 21 teachers were transferred in Patna High Court Cr.Misc. No.23171 of 2012 (2) dt.24-07-2102 2/3 contravention of the provision laid down by Human Resources Development Department resulted into 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 counsel for the petitioner that the teachers were transferred as per the requirement in the school and if any irregularity has been found in the transfer particularly in 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 working, hence, no case either under IPC or PC Act is made out. It is submitted by learned senior 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. Patna High Court Cr.Misc. No.23171 of 2012 (2) dt.24-07-2102 3/3 Considering the accusation which basically relates to irregularity, let the above named petitioner be released on anticipatory bail in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-II, Patna in connection with Vigilance P.S. Case No. 03 of 2012 (Special Case No. 01 of 2012), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 468

Statute Text:
Section 468 of the Indian Penal Code. Forgery for the purpose of cheating. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.