Case Facts:
Patna High Court Cr.Misc. No.14109 of 2012 (2) dt.04-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14109 of 2012 ====================================================== Devshankar Prasad S/O Late Ganesh Prasad Resident Of Village And Panchayat- Bakhtiyarpur, Police Station- Simari Bakhtiyarpur, District- Saharsa. .... .... 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 VIKASH JAIN ORAL ORDER 02 04-04-2012 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 13.02.2012 in connection with alleged offences under [STATUTE] registered in connection with Simari Bakhtiyarpur P.S.Case No. 163 of 2011. 3. The FIR was instituted in connection with the value of remaining stock of rice which was required to be deposited by the petitioner who is a PDS dealer. 4. Learned counsel for the petitioner submits that in terms of a public notice for the PDS dealers (Annexure-2), the petitioner was required to appear on 10.08.2011 for audit purpose. However, even before that date FIR was lodged on 08.08.2011 itself. He further submits that the entire amount of Rs.40,305/- due from him has been fully paid by him as will appear from the letter dated 10.09.2011 of the District Magistrate, Saharsa. He relies on orders of this Court passed in Cr.Misc. No. 8816 of 2012 and Cr.Misc. No. 12198 of 2012 by Patna High Court Cr.Misc. No.14109 of 2012 (2) dt.04-04-2012 which other dealers, similarly situated, have already been granted bail. 5. Considering the above facts let the petitioner Devshankar Prasad be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in Simari Bakhtiyarpur P.S.Case No. 163 of 2011 on the following conditions : (i) That the petitioner will not indulge himself in any similar or other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Chandran (Vikash Jain, 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.