IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15310 of 2008 MD.HAFIZ Versus STATE OF BIHAR ----------- 3 06.05.2008 The petitioner, a Junior Engineer in the State of Bihar in the Department of Water Resources, is apprehensive of his arrest in connection with Ara (Nawada) P.S. Case No. 181 of 2007, registered under sections 420 and 409 I.P.C. and has prayed for anticipatory bail. The allegation against the petitioner is that upon his transfer from one region to another he got prepared a forged and fabricated Last Pay Certificate (L.P.C.) in his favour and on the basis thereof and other documents he unauthorizedly received the sums of Rs. 39,833/- and Rs. 46,185/- totalling Rs. 86018/- towards his pay for the period July 2004 to October 2004 and that too when his L.P.C. had been sent from transferred region only in July 2005. It is apparent from perusal of Annexure 3, a letter dated 1.7.2005 of the Executive Engineer, Ara, that he was sending the L.P.C. of the petitioner on that date and informed that due to non allotment of funds the salary of the petitioner for the period July 2004 to October 2004 had not been paid. It also appears from perusal of the written report forming the basis of F.I.R. that the aforesaid sums were withdrawn vide bills of the year 2003-04 which would mean that the aforesaid amounts towards out standing salary were withdrawn on the basis of L.P.C. which had not been sent by the - 2 - transferred department till July 2005. The question then remains is that how were the salary bills passed without the L.P.C. or whether the L.P.C. on the basis whereof the salary was withdrawn were forged and fabricated. Due regard being had to the situation in hand I am not inclined to extend the benefits of Section 438 Cr.P.C. to the petitioner. His prayer for anticipatory bail is accordingly rejected. Sanjay (Abhijit Sinha, J.)