Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22876 of 2012 ====================================================== Ramashray Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.22922 of 2012 ====================================================== Akbar Ali @ Md. Akbar Ali .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 24-08-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation against the petitioners being the Panchayat Secretary and Panchayat Mukhiya is that they used JCB machine for executing the work under MANREGA scheme and not fixed the information board and first aid box even after withdrawing Rs.3,000/-. It is submitted by learned counsel for the petitioners that the accusation of using JCB machine is Patna High Court Cr.Misc. No.22876 of 2012 (3) dt.24-08-2012 2/2 based on basis of suspicion as no specific evidence has come during investigation whereas the information board and first aid box were installed. Considering the nature of accusation, let the above named 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 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, Chapra in connection with Baniyapur P.S. Case No. 110 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.