Case Facts:
Patna High Court Cr.Misc. No.14525 of 2012 (2) dt.20-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14525 of 2012 ====================================================== Sheoji Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16126 of 2012 ====================================================== Suneshwar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-04-2012 Heard learned counsels for the petitioners and the State. The petitioners being Panchayat Mukhia and Panchayat Secretary are apprehending arrest in a case registered for the offences under [STATUTE] . The accusation is of misappropriating Rs.1,25,000 sanctioned for potato and onion subsidy. It is submitted that mechanically the order was passed and several beneficiaries have given affidavit that they received the money. It is submitted on behalf of accused Shivji Sah that he is not the Mukhia at present and subsequently due to village rivalry, after he lost the election, the present case has been lodged. Patna High Court Cr.Misc. No.14525 of 2012 (2) dt.20-04-2012 It appears from the impugned order that some of the beneficiaries stated that their receipts were taken without making payment. The report of the District Panchayat Raj Officer does not reflect that any opportunity was given to the petitioners while conducting the enquiry. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 25 of 2012 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.