Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12254 of 2012 ====================================================== Sanjay Kumar Gupta @ Sanju @ Saju, S/o Sri Yogendra Prasad Gupta, Resident of village-Bakarganj, Daldaliroad, P.S.-Kadam Kuan, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-03-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] and Section 138 of the N.I. Act. Earlier, the payer for bail of the petitioner was rejected first by order dated 22.5.2008 passed in Cr. Misc. No. 8054 of 2008. The petitioner renewed his prayer for bail again in Cr. Misc. No. 10550 of 2009. A Bench of this Court by order dated 7.10.2009 rejected the payer for bail again and directed the Magistrate trying the case to peruse the provision of Section 323 of the Code of Criminal Procedure (inadvertently typed as 223 Cr. P.C.) and commit the case to the court of sessions. From the record, it transpires that subsequently the Magistrate trying the case, commited the case to the court of sessions and presently the matter is pending before the learned Additional Sessions Judge-III, Patna in Sessions Trial No. 1578 of 2009. The petitioner filed two applications, one Patna High Court Cr.Misc. No.12254 of 2012 (2) dt.21-03-2012 2 / 2 2 for bail and another under Section 228(1)(a) of the Code of Criminal Procedure for transfer of the case to the court of C.J.M., Patna or any other Judicial Magistrate, as the case was not exclusively triable by the court of sessions. The learned Additional Sessions Judge-III, Patna rejected both the petitions vide order dated 13.2.2012. In this background of the case, the petitioner being in jail since 22.10.2007 has renewed his prayer for bail before this Court. It appears from the order dated 13.2.2012 passed in Sessions Trial No. 1578 of 2009 that the petitioner, apart from being tried for the offence under [STATUTE] and [STATUTE] . The case relates to dishonour of a cheque amounting to Rs. 67,00,000/- for insufficiency of funds. As noted above, since the petitioner is in custody for more than four years by now, he is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Additional Sessions Judge-III, Patna in connection with Sessions Trial No. 1578 of 2009 arising out of Complaint Case No. 3413(C)/2006. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.