Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6639 of 2012 ====================================================== Jalaluddin Ansari @ Jalaluddin .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== 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] . The accusation is of collecting money from the prospective beneficiaries of Indira Awas Scheme by misusing his position being the husband of the Panchayat Mukhiya. It appears that the petitioner was granted anticipatory bail till submission of charge sheet by the learned court below. In view of ratio laid down in the case of Bishundeo Sahu Vs. The State of Bihar & Ors. reported in 2011(1) P.L.J.R. 731 the anticipatory bail application is not maintainable. However, let the learned court below consider the regular bail application of the petitioner and pass appropriate Patna High Court Cr.Misc. No.6639 of 2012 (2) dt.06-03-2012 2 / 2 2 order provided the petitioner has not misused the privilege of bail in view of ratio laid down in the aforesaid case and in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004(3) P.L.J.R. 491 in connection with Jokihat (Mahalgaon) P.S. Case No. 52 of 2010 pending in the court of the learned C.J.M., Araria. It is expected that the learned court below will exercise his jurisdiction preferably on the same day if possible. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioner. U.K./- (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.