Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40661 of 2012 ====================================================== Vinay Kumar Mishra @ Vinoy Kr. Mishra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-11-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . It is alleged that the petitioner being the Cashier of an NGO namely Bharat Bharti Educational Sewa Sansthan, got a tender from the Forest Department when payment of Rs.1,32,504/- were made to the petitioner and one Vinay Kumar Mishra but they misappropriated the money. It is submitted by learned Sr. counsel for the petitioner that the petitioner was the cashier of the said NGO and authorized to receive the payment and for the payment received, the work were done and balance amount were deposited in the account of the NGO and this is not the case of the complainant that the work were not done. Moreover, for the payment made in the year 2009, the complaint has been filed in the year 2011 when there was Patna High Court Cr.Misc. No.40661 of 2012 (2) dt.22-11-2012 2/2 some dispute with regard to the holding of the post of President of the said NGO by the complainant. The petitioner undertakes to deposit Rs. 40,000/- before the learned court below which will be invested in some fix deposit scheme in connection with present case which will be subject to the result of the present case. Considering the nature of accusation, delayed lodging of the complaint and present stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned Chief Judicial Magistrate, Katihar in connection with Complaint Case No. CA1877 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. 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.