Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36071 of 2012 ====================================================== Jitendra Kuamr Upadhyaya .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-09-2012 Petitioner being Booking Clerk in the Railway is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . and Sections 27(b) ii, 27(d), 28, 28A of the N.D.P.S. Act. It is alleged that 12 cartoons of medicines were being transported from Delhi to Patna by Magadh Express. It was being carried by one Jaiki Kumar. Jaiki Kumar subsequently disclosed that the owner of the medicines is one Akhilesh Kumar who has taken S.L.R. bogie on lease. It was suspected that petitioner being Booking Clerk also connived in transportation of medicines out of which some of the medicines have narcotic chemical components also. It is submitted by learned counsel for the petitioner that the lease stipulates all the liabilities of the lease Patna High Court Cr.Misc. No.36071 of 2012 (2) dt.21-09-2012 2 / 2 2 holder for transportation of the alleged medicines. Considering the fact that medicines were seized from the possession of one Jaiki Kumar and admittedly the owner of the medicines was Akhilesh Kumar, let the petitioner namely Jitendra Kumar Upadhyaya, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Patna in connection with Special Case No. 9 of 2011, arising out of GRP Case No. 37 of 2011. Shageer/- (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.