Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18613 of 2012 ====================================================== Samir @ Samir Kumar, Son of Late Ramji Prasad Singh, Resident of Laxmipur, P.S. Surajgarha, District Lakhisarai .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : M/s A.K. Thakur & D.N. Tiwari For the State : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 3 07-06-2012 Heard learned counsel for the petitioner and the State. Petitioner is the Storekeeper of the medicine store in the Sadar Hospital, Munger. He is apprehending his arrest in connection with a case registered for the offence under [STATUTE] and Section 17 of the Drugs and Cosmetics Act, as it is said that he supplied 21 variety of expired medicine for use in the Lady Stephenson Maternity and Child Welfare Centre, which is mentioned in the seizure list dated 21.2.2012 annexed along with the First Information Report. It is submitted on behalf of the petitioner that 21 variety of medicine included in the seizure list were never received in the medical store of the Sadar Hospital, Munger, as Patna High Court Cr.Misc. No.18613 of 2012 (3) dt.07-06-2012 2 / 3 2 such, according to the petitioner there is no question of those medicines having been sent from the store of Sadar Hospital, Munger for being used in the Lady Stephenson Maternity and Child Welfare Centre. It is also submitted on behalf of the petitioner that to confirm the aforesaid submission, Stock and Dispatch Register of the Sadar Hospital, Munger may be perused for confirming the submission. Let petitioner above named surrender in the court of Chief Judicial Magistrate, Munger in connection with Kashimbazar P.S. Case No. 36 of 2012 within four weeks from the date of receipt/ production of a copy of this order in the court below and request the court below to confirm the aforesaid submission by calling for the Stock Register from the Sadar Hospital, Munger and thereafter to pass appropriate order in the matter. It is made clear that if the medicines included in the seizure list have been received in the store of the Sadar Hospital, Munger earlier, appropriate order refusing the prayer of the petitioner to grant bail be passed in accordance with law. Until verification of the aforesaid fact, no coercive steps be taken against the petitioner in connection with Kashimbazar P.S. Case No. 36 of 2012 pending in the Patna High Court Cr.Misc. No.18613 of 2012 (3) dt.07-06-2012 3 / 3 3 court of Chief Judicial Magistrate, Munger. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/- (V.N. Sinha, 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.