Case Facts:
Patna High Court Cr.Misc. No.48504 of 2012 (2) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48504 of 2012 ====================================================== Jawaharlal, S/O-Late Badri Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 14-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.10.2012 in a case registered under [STATUTE] and 7 of Essential Commodities Act. Petitioner is said to be partner of R. K. Avenue company and he was given contract work to repair the empty cylinders. It is further alleged that in huge quantity empty gas cylinders were recovered from the premises of R. K. Avenue company. The contention on behalf of the petitioner is that no specific overt-act has been attributed against the petitioner and as a matter of fact petitioner has been made accused on the basis of statement made by one Jayant Kumar Pandey who happens to be manager of the aforesaid R. K. Avenue company. It is further contended by him that even if the aforesaid statement of Jayant Patna High Court Cr.Misc. No.48504 of 2012 (2) dt.14-12-2012 Kumar Pandey assumed to be true, then also, the aforesaid witness has, specifically, stated in his statement that the work of the aforesaid R. K. Avenue company was being looked after by son of the petitioner. It is further contended by him that informant being Dy.S.P. had no right to lodge this case. In support of his contention, he referred a decision reported in 2012 (1) PCCR 135 in which a Bench of this Court has held that Inspector of Police has not been authorized in accordance with Rule 13 to search. On the other hand, learned Additional Public Prosecutor opposed the prayer pointing out that the name of this petitioner has come in the statement of witness Jayant Kumar Pandey whose statement has been recorded under Section 164 of the Cr.P.C. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Patna in connection with Economic Offences P.S. Case No. 19 of 2012. SHAHZAD/- (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.