Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5929 of 2012 ====================================================== Ashok Jha @ Ashok Kr. Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that under the Government orders, no payments were to be made after 31.8.2007 with regard to Sampurna Gramin Rojgar Yojna and the balance amount was to be deposited in the office of the DDC. During audit of Gram Panchayat Raj, Kulhariya, it was detected that Rs.3,30,026 were to be deposited but only Rs.1,06,312 were deposited and thereby Rs.2,23,714 was misappropriated by this petitioner who is a Jan Sewak and co accused Gajendra Sharma. It is submitted that due to mistake Rs.1,29,000 was not credited by the bank which has recently been credited on 14.3.2011. It is further submitted that for the lapse of 2007, FIR has been lodged in 2011 and against the petitioner the Patna High Court Cr.Misc. No.5929 of 2012 (2) dt.06-03-2012 2 / 2 2 departmental proceeding is going on and has been put under suspension. It is also submitted that the petitioner is suffering from serious ailments and Gajendra Sharma has been granted bail. In view of the aforesaid, let petitioner deposit Rs.35000/ before the court below to be fixed in some fixed deposit scheme in connection with present case which will be subject to the result of the case. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No.63 /2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.