Case Facts:
Patna High Court Cr.Misc. No.14949 of 2012 (2) dt.10-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14949 of 2012 ====================================================== 1. Raj Kishore Singh S/O Late Baijnath Singh Resident Of Gyan Ganga, Pustak Bhandar, Bikramganj, Police Station- Bikramganj, District- Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-04-2012 Heard learned counsels for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence punishable under [STATUTE] . It is contended that even if it is assumed that on the date of institution of the case the petitioner had not supplied entire articles with respect to which he had entered into an agreement and only part of the article were supplied, by no stretch of imagination he can be said to have committed an offence punishable under [STATUTE] . At best it can make out a case of breach of contract and not criminal breach of trust. It is also submitted that after institution of the case the petitioner has already supplied the entire articles. A certificate in this regard has also been issued by Mr. Khalique Ahmad, Headmaster of the School which has been annexed as annexure-2 to this petition. Be that as it may, considering nature of allegation, Patna High Court Cr.Misc. No.14949 of 2012 (2) dt.10-04-2012 facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Azimabad P.S. Case No.16 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani 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.