Case Facts:
Patna High Court Cr.Misc. No.42184 of 2011 (4) dt.16-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 42184 of 2011 ====================================================== 1. Dharamdeo Tiwary 2. Dharamnath Prasad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 16-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. This is a petition for grant of anticipatory bail in a case under [STATUTE] . The allegation is that there is irregularity in payment of money of the Indira Awas Yojana to the beneficiaries who have been given benefits have disclosed that they have not received the amount. Learned counsel for the petitioners, however, contended that the beneficiaries who have been paid by cash stated that they have received the entire amount and, hence, it may be irregularity but there is no defalcation. It is further stated that whatever amount has been paid shown there is receipt for the same and there is no allegation that the said receipt is forged or fabricated and there appears the signature of the Block Development Officer. However, the case is still at the stage of investigation and there are provisions for payment of the money by cash. Hence, having regard to the facts and circumstances of the case, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below Patna High Court Cr.Misc. No.42184 of 2011 (4) dt.16-07-2012 within a period of four 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 Chief Judicial Magistrate, Gopalganj in connection with Kateya P. S. Case No. 192 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. as well as subject to the condition that the petitioners shall co- operate with the police during investigation. However, during investigation any incriminating material is found against the petitioners and if the charge-sheet is submitted against the petitioners then the petitioners shall surrender and pray for regular bail. It is made clear that the petitioners shall not leave the place of residence without intimation of the court and, if any, residence is changed then the petitioners shall inform to the court below and shall appear themselves as and when required by the police during investigation. Kundan/- (Gopal Prasad, 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.