Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42664 of 2011 ====================================================== Ashok Kumar Singh, son of late Bashshtha Narayan Singh, resident of village – Baruna, P.S. – Buxar Industrial Area, District – Buxar. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 16-03-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with a case registered for the offence punishable under [STATUTE] , is one of the named accused in this case, officially as Postmaster of a particular Branch of Post-Office, but subsequently as defecto Postmaster working in place of full brother for a limited period with allegation of some sort of defalcation. Submission is of false implication due to previous rivalry etc. and petitioner is a person working as Library Technician in a local college has nothing to do with the work of his brother the Postmaster and during entire inquiry conducted by officials of Post-Office no error could be found against him. Learned Additional Public Prosecutor while objecting the prayer fairly concedes that official papers are in Patna High Court Cr.Misc. No.42664 of 2011 (3) dt.16-03-2012 2 / 2 2 favour of the petitioner, though, witnesses are telling against the petitioner. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Buxar (Industrial Area) P.S. Case No. 36/2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.