Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17806 of 2012 ====================================================== Pankaj Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17941 of 2012 ====================================================== Rajeshwar Prasad Gupta .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 16-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in Pirbahore P.S. Case No. 301 of 2011 registered for the offences punishable under [STATUTE] , Section 51, 52A, 63 and 68A of the Copy Right Act and Section 49(2)E of the Bihar Sale Tax Regulation Act pending in the court of learned Chief Judicial Magistrate, Patna. The accusation is of recovery of pirated C.Ds from the house of late Gul Mohammad which was taken on rent by the petitioner Pankaj Prasad. It is also alleged that from the joint family house of other petitioner Rajeshwar Prasad, similar recovery was made. Patna High Court Cr.Misc. No.17806 of 2012 (3) dt.16-07-2012 2/2 It is submitted by learned counsel for the petitioners that recovery cannot be treated from the possession of the petitioners and petitioners have not been implicated in similar nature of offence. It appears that other accused Tarkeshwar Prasad Gupta and others have been granted regular bail by this Court vide Cr. Misc. No. 40374 of 2011. I see no reason for the learned court below not to give the same privilege to the petitioners if the petitioners surrender within a period of six weeks. With the above observation, this application is, accordingly disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.