Case Facts:
Patna High Court Cr.Misc. No.37861 of 2010 (6) dt.29-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 37861 of 2010 ====================================================== Virendra Kumar Tarun @ Virendra Kumar .... .... Petitioner Versus The State of Bihar .... .... Opposite Party For the Petitioner :- Sri Yogesh Chandra Verma, Sr. Advocate. Sri Krishna Deo Ray, Advocate. For the State :- Sri Sanjay Kumar, A. P. P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 29-03-2012 Heard learned counsels for the petitioner and the State. This is a petition for grant of anticipatory bail in a case under [STATUTE] . It is alleged that the petitioner applied for the post of Nyay Sachiv and the certificates of Madhyama which were filed for appointment to the post of Nyay Sachiv were forged. Learned counsel for the petitioner, however, submits that the complaint has been filed by a private person and there is nothing to suggest that the said Madhyama Certificate is forged. Learned counsel for the State, however, contended that in the case diary it has come that the petitioner was appointed as Nyay Sachiv on the basis of Madhyama Certificate obtained in Madhyama Exam. Subsequently, it was pointed out that the appointment is to be made on the basis of Matriculation Certificate and hence reported that the appointment on the basis of Madhyama Certificate not proper and hence there is a fight between the two and thereafter it has further come in the case diary that Madhyama is equivalent to Matric and Patna High Court Cr.Misc. No.37861 of 2010 (6) dt.29-03-2012 appointment can be made on Madhyama Certificate. However, the learned counsel for the State could not point out in the case diary that there is any material in the case diary to suggest that the certificate of Madhyama is forged or fabricated. Hence, having regard to the facts and circumstances of the case, 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 four weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Sirdala P. S. Case No. 26 of 2010 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as subject to the conditions that the petitioner shall co-operate with the police during investigation. However, if the police proceeds for investigation regarding Madhyama Certificate and found Madhyma Certificate to be forged and if the charge-sheet is submitted with regard to the said Madhyama Certificate then the petitioner shall surrender and pray for regular bail. Kundan/- (Gopal Prasad, 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.