Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2246 of 2012 ====================================================== Ehsan Rasul .... .... Petitioner/s Versus The State Of Bihar Through Vigilance .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kr. Singh, Sr. Advocate Mr. Tarique Mustafa, Advocate For the Vigilance : Mr. Ramakant Sharma, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 24-04-2012 Heard learned counsels for the petitioner and the Vigilance. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and Sections 13 (2) and 8/13 (i) (c) (d) of the P.C. Act. Initially the case was lodged for depositing the money with regard to Indira Awas scheme in the Dehti PACCS for which the cheques were issued for Rs. Twenty Five lakhs in favour of different nationalized banks but without making payment the amounts were debited from Dehti PACCS account when the Chairman Patna High Court Cr.Misc. No.2246 of 2012 (6) dt.24-04-2012 2/4 and the Director of the Dehti PACCS were made accused. Subsequently several officials were also made accused when it has surfaced during investigation that D.D.C. directed for deposit of the amounts of the schemes under Sunischit Rojgar Yojana, Jawahar Gramin Sambridhi Yojana and several welfare schemes excluding Indira Awas scheme but contrary to the directions the money of Indira Awas schemes were also deposited in Dehti PACCS. During investigation it also transpired that the petitioner has also huge transaction with the Dehti PACCS account when more than Rs. Six crores amount were withdrawn by this petitioner and Rs. Thirty Five lakhs by the Manager of this petitioner from the Dehti PACCS. It is submitted by learned senior counsel for the petitioner that the petitioner is petroleum dealer and he has account in the Dehti PACCS being Account No. 2742 and since 2004 in pursuance that the many transactions were made with Dehti PACCS and the money deposited with the deposit slips, but subsequently when it is found that the Dehti PACCS did not allow the petitioner to operate then petitioner stopped operating Patna High Court Cr.Misc. No.2246 of 2012 (6) dt.24-04-2012 3/4 the said account in which some money of the petitioners is still due in his Dehti PACCS account. It is further submitted that the transactions made in the bank were connected with the petroleum business which gets reflected in the Income tax return of the petitioner and all those things have been submitted to the Vigilance for the verification. It is submitted by learned senior counsel for the Vigilance Mr. Ramakant Sharma that though business transactions of the petitioner with the PACCS has not found recorded in the documents seized from Dehti PACCS and apparently it appears that the govt. money has been misappropriated by the representatives of the Dehti PACCS, Government officials and this petitioner. Considering the fact that the investigation is going on, let Vigilance verify from the Income Tax Department and the documents of Dehti PACCS with regard to the transactions made by the petitioner and as claimed by the petitioner that all transactions have been has been reflected in his Income Tax return. It is submitted by learned senior counsel for Patna High Court Cr.Misc. No.2246 of 2012 (6) dt.24-04-2012 4/4 the Vigilance that the petitioner may be directed to cooperate in the investigation. 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 twelve 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 learned Special Judge, Vigilance II, Patna in connection with Special Case No. 19 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioner will be accepted on filing affidavit that he will regularly cooperate in investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. of the case. The non-cooperation by the petitioner in the investigation will give liberty to the Vigilance to file application for cancellation of the bail of the petitioner. 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.