Case Facts:
Patna High Court Cr.Misc. No.41043 of 2012 (2) dt.06-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41043 of 2012 ====================================================== Mohan Sah @ Mohan Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.11.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 22.8.2012 in complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The allegation against the petitioner is that he executed an agreement for sale in favour of one Pawan Kumar for 1 dhur 13 kanma and again he executed an agreement for sale in favour of the complainant for 4 dhur 5 kanma of the same land. The contention on behalf of the petitioner is that total area of the land in question is about 1 katha 6 dhur 13 kanma and moreover, the facts of the complaint petition do not constitute any criminal offence and the complainant may seek his relief in civil court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Mohan Sah @ Mohan Prasad, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sadar, Sitamarhi in Complaint Case no. C-1/174/2011. Shahid (Hemant Kumar Srivastava,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.