Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25149 of 2012 ====================================================== Kapileshwar Prasad Yadav @ Kapleshwar Prasad Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25830 of 2012 ====================================================== Sri Gulam Sarwar Ansari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2012 Petitioners being Assistant in the Block Office and the Block Development Officer are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that Rs.5,55,45,000/- were misappropriated in the construction of 891 units of toilets when only 25 units of toilets were approved for which Rs. 9,00,000/- were sanctioned. It is submitted by learned counsel appearing on behalf of Kapileshwar Prasad Yadav that he was simply an Assistant and only accusation against him is that he processed the file when it is submitted on behalf of petitioner Gulam Sarwar Ansari that the work has been done but it has not been completed when some of the executive agents have refunded Patna High Court Cr.Misc. No.25149 of 2012 (3) dt.06-11-2012 2 / 2 2 the amount. It is undertaken that petitioner Gulam Sarwar Ansari will deposit Rs. 5,00,000/-(five lacs) before learned Court below within a period of three months, which will be invested in some fixed deposit scheme in connection with the present case which will be subject to the result of the case. Considering the fact that petitioner Kapileshwar Prasad Yadav was not the executing agent and the present stand of the petitioner Gulam Sarwar Ansari, let the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 315 of 2011. The bail bonds of the petitioner Gulam Sarwar Ansari shall be provisionally accepted till deposit of the aforesaid amount. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 419

Statute Text:
Section 419 of the Indian Penal Code. Cheating by personation. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.