Case Facts:
Patna High Court Cr.Misc. No.29743 of 2011 (2) dt.07-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29743 of 2011 ====================================================== 1. Dr. Brahma Deo Prasad S/O Late Sojiwan Prasad, Retd. Dy. General Manager, The Bihar State Co - Operative Bank Ltd., Patna, R/O Mohalla - Yogipur, P.S.-Patrakar Nagar, (Kankarbagh) Patna & At Present Advocate, Patna High Court, Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sujay Kumar Singh, Assistant, The Bihar State Co- Operative Bank Ltd., Patna, Ashoka Raj Path, Patna - 800020 .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s : Mr. Zainul Abedin, APP CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 07-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 3rd July 2010 arising from Pirbahore P.S. Case No. 404/2003 by which the court below has taken cognizance for offence under [STATUTE] after considering different paragraphs of the case diary. After some argument, the counsel for the petitioner seeks permission to withdraw this petition with liberty to raise all points before the court below at the appropriate stage. Permission is accorded and this petition is dismissed as withdrawn. Mahesh/- (Shivaji Pandey, 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.