Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.847 of 2012 ====================================================== 1. Akshayawat Diwedi @ Akshayawar Dubey 2. Upendra Chaudhary .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 12-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under [STATUTE] . The accusation is that the grains were supplied under different schemes to the petitioners being the P.D.S. dealers between 2001-05 but the grains were not distributed to the beneficiaries. It is alleged that petitioner no.1 has misappropriated the grains worth Rs. 5,39,232/- and petitioner no.2 has misappropriated the grains worth Rs. 4,76,897/-. It is submitted by learned counsel for the petitioners that without proper verification about the distribution of the grains, the F.I.R. has been lodged. though, earlier the recovery order was challenged before this Court when it was directed to be treated as a show cause notice in a writ proceeding and considering the facts that for the scheme of 2001-05, the F.I.R. has been lodged in the year 2011, other similarly situated accused persons have been granted bail in a different case. It is further submitted that on due verification by the proper authorities the petitioner is ready to refund the amount of the grains which were not distributed. Considering the aforesaid undertaking of the petitioners and the fact that for the scheme of 2001-05 the F.I.R. has been lodged in the year 2001, 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 the 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, Bhojpur, Arrah in connection with Udwant Nagar P.S. Case No. 202/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (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.