IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27553 of 2008 JAGDISH JHA Versus THE STATE OF BIHAR ----------- 3. 7.8.2008 Heard learned counsel for the petitioner and the State. The petitioner is an accused for the offence under sections 420, 467, 468, 471 and 181 of the Indian Penal Code. The allegation against the petitioner is that while he was working as a Sub.Overseer, on the basis of a letter he joined on the post of Junior Engineer in the year 1996 although the letter was in the name of Jagdish Jha but the same was not meant for him and since then he continued to perform the job of the Junior Engineer and retired in the year 2001. As such the work performed by the petitioner was unauthorized and illegal as he joined the post and continued thereon by practicing fraud/cheating. Learned counsel for the petitioner submits that the first information lodged against the petitioner is not indicating any allegation to the effect that the petitioner joined the post of Junior Engineer in the year 1996 by playing fraud and retired in the year 2001 on the same post and also that during the whole of the said period the petitioner was never confronted with the above allegation. It is further submitted that the petitioner is now nearly about 65 years old residing at Faridabad (Haryana) and is always ready to face trial and co-operate in conclusion of trial. He further submits that during the whole of the service period the petitioner was never proceeded departmentally for the present allegation or any other allegation. He further submits that the petitioner has no objection if his retrial dues are settled on the initial post of 2 Sub.Overseer on which he had joined the office. Learned A.P.P. on the other hand submits that the petitioner joined the post of Junior Engineer on the basis of a letter issued by the authority though having the name of Jagdish Jha, the another man, and not the petitioner. As such, he practiced fraud upon the department. Considering the submissions as noticed above as well as materials brought on the record, it is directed that in the event of arrest/surrender within a period of four weeks from today the petitioner, Jagdish Jha, be released on bail on furnish bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Gardanibagh (Sachivalaya) P.S.Case No.534 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. (Shailesh Kumar Sinha)