Case Facts:
Patna High Court Cr.Misc. No.35778 of 2012 (3) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35778 of 2012 ====================================================== Chandra Bhushan Bharti .... .... Petitioner/s Versus The State of Bihar through the Department of Vigilance, 6, Circular Road, Patna. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 18-12-2012 Heard learned counsels for the petitioner and the Vigilance. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 13(1)(B)(C)(D)(i)(ii) of the Prevention of Corruption Act. It is alleged that Sangeeta Singh and Saira Bano, Members of the State Women’s Commission in connivance with other accused persons formed a fraudulent organization Women Right Council when they issued advertisement invited the general public for training for giving employment on various posts in Panchayat when for the same Rs.19,998/- was collected from each candidates when some of the candidates left training due to the inhuman condition prevailing at the Patna High Court Cr.Misc. No.35778 of 2012 (3) dt.18-12-2012 training centre. It is submitted by learned counsel for the petitioner that the petitioner is not a member of the alleged trust which issued advertisement when the FIR itself suggests that the members of the trust were Dhananjay Giri, Archana Devi (wife of this petitioner) and Asha Devi when advertisement was issued under the signature of two members of State Women’s Commission Sangeeta Singh and Saira Bano when no case under P.C. Act is made out against this petitioner as this petitioner is not a public servant. It is submitted by learned counsel for the Vigilance that the petitioner also abetted in the whole affairs and hence, P.C. Act is applicable against this petitioner but admitted this fact that the petitioner was not a member of the alleged trust which made advertisement. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with Patna High Court Cr.Misc. No.35778 of 2012 (3) dt.18-12-2012 two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-I, Patna in connection with Special Case No. 02 of 2010 arising out of Vigilance P.S. Case No. 03 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.