Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15909 of 2012 ====================================================== Dilip Chaudhary @ Dilip Kumar Choudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 08-05-2012 Petitioner being Executive Engineer is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . Accusation is of misappropriating money of Scheme No. 26 of 2006-07 and 4 of 2007-08. It is alleged that work was not found done on the allotted site, hence accusation has been levelled that government money was misappropriated to the tune of Rs. 5,74,350/-. It is submitted by learned counsel for the petitioner that F.I.R. was lodged on 29.03.2011 when the enquiry was conducted by another Executive Engineer on 14.03.2011. Though the informant vide letter No. 34 dated 05.03.2011 as contained in Annexure-3 intimated to the Director, Accounts Administration and Self Employment and District Rural Development Agency, Nalanda that so far as Patna High Court Cr.Misc. No.15909 of 2012 (3) dt.08-05-2012 2 / 2 2 Scheme No. 4 of 2007-08 is concerned, the scheme was of Rs. 4,21,500/- out of which work of Rs. 4,02,255/- was done but not at the allotted site but on different site and the accusation in the present case is of only with regard to Rs. 4,02,206/-, whereas with regard to the Scheme No. 26 of 2006-07 the allotted amount was Rs. 4,96,420/- out of which the work was done for Rs. 1,72,098/- and the accusation is only to that extent. Hence, learned counsel for the petitioner submits that malicious accusation has been levelled at the behest of the political rivals and considering the inconsistent stand of the informant and accusation is more of irregularity others have been granted anticipatory bail in the matter. Considering the aforesaid facts, let the petitioner namely Dilip Chaudhary @ Dilip Kumar Choudhary, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa in connection with Ekangarsarai P.S. Case No. 26 of 2011. Shageer/- (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.