Case Facts:
Patna High Court Cr.Misc. No.34513 of 2012 (4) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34513 of 2012 ====================================================== 1. Vidyanath Mishra 2. Indra Narayan Mandal .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 05-12-2012 Heard learned counsels for the petitioners and the State. The petitioners being the teachers in the Primary School are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Rs.10,50,000/- was given to the committee of the school for construction of the school building when the work to the tune of Rs.8,03,959/- was made when no account for Rs.2,46,041/- was given. It is submitted by learned counsel for the petitioners that the Block Education Officer, Lakhnour, who is informant of the present case, vide letter No. 36 dated 30.01.2010 reported to the District Superintendent of Education that the accounts for Rs.10,50,000/- has Patna High Court Cr.Misc. No.34513 of 2012 (4) dt.05-12-2012 already been submitted when the FIR was registered on 05.02.2011. The inconsistent stand of informant reflects the manner in which the administrative in the State is running. Considering the aforesaid facts, 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 bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur in connection with Lakhnour P.S. Case No. 14 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.