Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48700 of 2012 ====================================================== 1.Sanjay Kumar son of Sri Mahavir Yadav, Village Baruni, P.S. Ariarei, District- Sheikhpura 2. Jitendra Kumar son of Sri Baleshwar Prasad, Village/ Mohalla Khandpar Sheikhpura, P.S. and District- Sheikhpura .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 10-12-2012 Heard Mr. Ram Prasad Singh, learned counsel for the petitioners and Mr. R.B.S. Pahepuri, learned Additional Public Prosecutor appearing on behalf of the State. Petitioner is in custody since 12-10-2012 in connection with Ariari ( Kasar ) P.S.Case No. 170 of 2012 for the alleged offences under [STATUTE] and Section 47 ( a ) of the Bihar Excise Act, 1915. Referring to the F.I.R. learned counsel for the petitioners submits that no incriminating article was recovered from the possession of the petitioners and they have been implicated in this case on the basis of statement of one Kamlesh Prasad who is an employee of a composite licensee liquor shop. Referring to the Patna High Court Cr.Misc. No.48700 of 2012 (2) dt.10-12-2012 2 / 2 2 seizure-list learned counsel for the petitioners submits that the same is apparently contradictory to the allegations contained in the F.I.R. as much as in the said seizurelist it has been mentioned that the country liquor pouches were being unloaded from the concerned public Bus by persons including these petitioners whereas in the F.I.R. it has been mentioned that the O.P. Incharge called the petitioners from their respective houses. In view of aforesaid facts and circumstances, let petitioners namely Sanjay Kumar and Jitendra Kumar be enlarged on bail on each of them furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Ariari ( Kasar ) P.S.Case No. 170 of 2012. Naresh/- (Chakradhari Sharan 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.