Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11304 of 2012 ====================================================== Satya Narayan Baitha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.13440 of 2012 ====================================================== Ravi Shankar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-04-2012 Heard learned counsels for the petitioner and the State. The petitioners being the Junior Engineer and Panchayat Teacher are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and sections 138 and 141 of the Negotiable Instruments Act. The FIR was lodged by District Superintendent of Education making accusation against the Incharge Headmaster who deposited the cheques issued for construction of buildings of the Patna High Court Cr.Misc. No.11304 of 2012 (2) dt.10-04-2012 2/3 schools in the PACCS’s account of the School Education Committee but subsequently PACCS failed to honour the cheques issued in favour of concerned school. During investigation it is alleged that two cheques were entrusted to petitioner Satya Narayan Baitha and petitioner Ravi Shankar, who was on deputation in the office of District Education Officer, to handover to the Headmaster since the petitioners were not named in the first information report. Considering the fact that thrust of accusation is against the officials of the PACCS failed to honour the cheques of the school and the petitioners’ names surfaced during investigation when the similar situated accused Rajesh Kumar Das has been granted anticipatory bail vide Cr. Misc. No. 34447 of 2011, let the above named petitioners be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection Patna High Court Cr.Misc. No.11304 of 2012 (2) dt.10-04-2012 3/3 with Palsi P.S. Case No. 30 of 2009, 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.