Case Facts:
Patna High Court Cr.Misc. No.12944 of 2012 (2) dt.29-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12944 of 2012 ====================================================== Shankar Mistri, S/o Laxman Prasad, Village- Fatehpur, P.S.- Siwan, District- Siwan .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehend his arrest in connection with a case instituted for the offence punishable under [STATUTE] as well as Section 63 and 65 of the Copy Rights Act. The allegation is that 18 pieces of duplicate Spark Plug were recovered from the shop of the petitioner. It is submitted that the petitioner was not aware of the fact that the Spark Plug being supplied to his shop were duplicate. The offence at best would attract the ingredient of offence punishable under [STATUTE] which is bailable in nature. At the time of recovery the petitioner was not even present in the shop. The alleged Spark Plugs were purchased from a reputed shop at Patna. The petitioner has got no criminal antecedent and is not likely to abscond or tamper evidence. Be that as it may, considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the Court below Patna High Court Cr.Misc. No.12944 of 2012 (2) dt.29-03-2012 within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.-10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan P.S. Case No. 30 of 2012, subject to the condition as laid down under Section 438 (2) Cr.P.C. as also on the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is 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 will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the 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. P.K./- (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.