Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1113 of 2012 ====================================================== 1. Upendra Pd. Yadav @ Upendra Yadav. 2. Ramdeo Yadav. 3. Arun Kumar Ray. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 13-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under [STATUTE] . It is alleged that the grains were supplied in connection with S.G.R. Scheme in the year 2003-05 but they were not distributed to the consumers. The alleged amount due against the petitioner no.1 is Rs. 4,20,000/-, against petitioner no.2 is Rs. 4,53,642/- and against petitioner no.3 is Rs. 10,40,452. It is submitted by learned counsel for the petitioners that grains were distributed on the directions of the officers, hence the petitioners only cannot be responsible for the alleged offence, moreover certificate case has already been lodged against the petitioners in which the stay is operating by virtue of the writ order filed by the petitioners. Considering the aforesaid facts, let the above named 2 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 the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Janki Nagar P.S. Case No. 93 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Anjani /- (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.